거짓진술여부확인 및 손해배상 청구
1. The Plaintiff’s appeal against Defendant B, C, and E is dismissed.
2. Defendant D among the judgment of the court of first instance.
Defendant B, C, and D filed an application with the Plaintiff as Suwon District Court No. 2015 Chicago495 for the provision of litigation costs. On April 17, 2015, the court of first instance rendered a decision to provide the Defendants with the provision of KRW 9,300,00 as security of litigation costs for the Defendants within 15 days from the date of receipt of the written decision ex officio with respect to Defendant E. The Plaintiff filed an appeal with the court of first instance on April 22, 2015 in the form of submission of the written notice of the decision to provide the said lawsuit costs to the Plaintiff, and the stamp and delivery fees were not posted at the time of the filing of the appeal. The court of first instance ordered the Plaintiff to revise the stamp and delivery fees to the Plaintiff, but failed to perform the said order within the deadline for correction, the court of first instance rejected the Plaintiff’s first instance order on May 18, 2015, on the ground that the Plaintiff did not submit the said written order to the court of first instance for the first instance as well as the first instance order.
If so, on the ground that the Plaintiff did not provide a security in accordance with the decision to provide the above lawsuit costs, it is clear that the term “ February 18, 2015” stated as the date of the pronouncement of the judgment by the first instance court on February 18, 2016 is a clerical error in the language of “ February 18, 2016.”
The judgment of the first instance, which dismissed the lawsuit of this case, is legitimate, and thus, the Plaintiff’s appeal against Defendant B, C, and E is groundless.