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(영문) 대구지방법원 2015.11.19 2015나304271

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

According to the provisions of Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer security for litigation costs, such as when a claim based on a complaint, briefs and other records of trial is clearly groundless, the court may order the plaintiff to provide security for litigation costs ex officio, and if the plaintiff fails to offer such security within the period for providing security, the court may dismiss the lawsuit by its judgment without holding any pleadings.

On March 25, 2015, the first instance court rendered a decision to provide security to the Plaintiff on March 25, 2015, which ordered “to deposit KRW 4,770,000 as a security for litigation costs within seven days from the date of receiving the notice of this order,” and the Plaintiff’s immediate appeal on April 3, 2015, became final and conclusive because the Plaintiff did not file an immediate appeal despite being served with the above decision to provide security. The fact that the Plaintiff did not provide security within the period prescribed by the above decision to provide security and even

Therefore, the judgment of the court of first instance which dismissed the lawsuit of this case on the ground that the plaintiff did not provide a security in accordance with the above decision of security provision is justifiable. Therefore, the plaintiff's appeal is dismissed as it is without merit.