손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
According to Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer a security for litigation costs, such as when a claim is not sustainable due to a complaint, briefs, or other records of trial, the court may order the plaintiff to offer a security for litigation costs, either ex officio or upon request of the defendant, and where the plaintiff fails to offer a security within the period for providing such security, the court may dismiss the lawsuit by its judgment
On June 14, 2017, the first instance court rendered a decision to deposit KRW 4 million with the Plaintiff as collateral pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act within 14 days from the date the Plaintiff was notified of the decision as to the instant litigation costs. The original of the decision was served on the Plaintiff on June 17, 2017. The Plaintiff filed an appeal against the foregoing decision on the same day (this Court Decision 2017Ra792), but the appeal was dismissed on July 19, 2018. The above original of the decision on the appeal was served on the Plaintiff on July 24, 2018, and the Plaintiff filed a reappeal against this decision on July 27, 2018 (Supreme Court Decision 2018Ma60499). However, the Supreme Court dismissed the reappeal’s order to provide the Plaintiff with the said original of the decision on security as well as the period for providing the said original of the lower judgment on October 17, 2018.
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 the above collateral, is justifiable. Thus, in light of the legislative intent of the main sentence of Article 124 of the Civil Procedure Act, the appeal against the defendants is without merit, and in such a case, the court may dismiss the appeal
It is so decided as per Disposition.