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(영문) 서울서부지방법원 2019.05.17 2016가단18817

손해배상, 결과제거 및 원상회복의무이행

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1. The instant lawsuit shall be dismissed.

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

Reasons

According to the records of this case, the court rendered an order to deposit KRW 5,015,160 as security of litigation costs against Defendant E and G within 15 days from the date of receiving notification of the order from the Plaintiff on December 28, 2017 pursuant to Articles 117(2), 120, and 122 of the Civil Procedure Act, and the Plaintiff appealed against this, but the appeal was dismissed on November 13, 2018 (this court 2018Ra1010), but the reappeal was dismissed on March 8, 2019 (Supreme Court 2018Ma7550), and it is recognized that the Plaintiff did not provide the above security until the date after receiving notification of the above order on March 25, 2019.

In addition, since it is difficult to grasp the part of the lawsuit of this case as to which claim is sought by the Defendants based on what factual basis and legal basis, it is difficult to see that the purport of claim and the cause of claim are specified, and the part seeking delivery of goods and certificates is not clear, and thus, the purport of claim and the cause of claim are not specified.

Although the plaintiff filed a lawsuit similar to the lawsuit in this case over several times, the fact that the plaintiff received a ruling of rejection for reasons of the purpose of the claim and the unspecified cause of the claim is significant in this court.

Therefore, the plaintiff's lawsuit of this case is dismissed as an unlawful lawsuit pursuant to the main sentence of Article 124 and Article 219 of the Civil Procedure Act without holding any pleadings. It is so decided as per Disposition.