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(영문) 창원지방법원 2014.08.27 2013가합7646

인수권(매수권)이전 부존재확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed the instant lawsuit on December 12, 2013, and the Defendant filed an application for the provision of litigation costs with this court on May 19, 2014.

B. On May 20, 2014, based on Articles 117(1), 120, and 122 of the Civil Procedure Act, the instant court rendered a decision that “the Plaintiff shall order the Defendant to deposit KRW 750,003 for the Defendant as security of the litigation costs of the instant case within 15 days from the date of receiving the notice of this decision,” and the said decision was served on the Plaintiff on May 27, 2014, and the said decision became final and conclusive as is, on the ground that the Plaintiff did not file an immediate appeal.

C. The plaintiff did not provide the above security until the date of notification of the above decision.

2. As the Plaintiff did not notify the decision ordering the Plaintiff to provide security within the time limit for providing security, the instant lawsuit is dismissed without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act. It is so decided as per Disposition.