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(영문) 서울중앙지방법원 2016.07.13 2014가합2766

사실확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1.The following facts of recognition are apparent or obvious to this Court:

In the case of requesting the provision of litigation costs against the Plaintiff, this Court ordered the Plaintiff to deposit KRW 1,500,000 for the Defendant as security of the litigation costs of this case pursuant to Articles 117(1) and 120 of the Civil Procedure Act, on January 2, 2015, the Court ordered the Plaintiff to deposit KRW 1,50,000 for the Defendant as security of the litigation costs of this case within seven days from the date of receiving the notice of this decision.

B. The Plaintiff filed an appeal with Seoul High Court No. 2015Ra20576 on January 29, 2016, but the appeal was dismissed on January 29, 2016, and the Plaintiff re-appealed by Supreme Court Decision 2016Ma5146 on April 22, 2016, but the said decision became final and conclusive.

C. The Plaintiff did not provide a security under the above decision as well as within the time limit for providing security as set forth in the above decision until this decision is sentenced.

2. In conclusion, we decide to dismiss the instant lawsuit in accordance with the main sentence of Article 124 of the Civil Procedure Act as per Disposition.