[소송비용담보제공][집37(3)민,183;공1990.3.1(867),444]
The legality of the application for the provision of litigation costs raised in the final appeal against the first instance court (negative)
If the defendant argues on the merits in the first instance court with knowledge that the plaintiff had no address, office, and office in the Republic of Korea, the right to request the provision of the lawsuit by the defendant would be lost, and the effect of the loss is limited to the higher court in which the lawsuit is pending, so the defendant's request for the provision of the lawsuit by the court of final appeal is legitimate.
Articles 107(1) and 108 of the Civil Procedure Act
Sung Chang Enterprise Corporation
Plaintiff
The application for provision of litigation costs shall be dismissed.
The defendant's reasons for the application are examined.
According to Articles 107(1) and 108 of the Civil Procedure Act, when the plaintiff did not have a domicile, office, or place of business in the Republic of Korea, the defendant may file an application with the court ordering the plaintiff to provide a security for the costs of lawsuit, and when the defendant testified on the merits with the knowledge of the grounds for the above provision of security, the defendant's above right to request is lost. According to the records, since only the plaintiff's Hong Kong address is entered in the complaint, the defendant was known on December 10, 1986 that he was served with the above complaint on December 10, 1986 that the plaintiff was not a person who has no domicile, office, or place of business in the Republic of Korea, but the date of response was postponed due to the reasons for filing an application for the provision of security, but the defendant did not submit an application for a timely formula above. Thus, the defendant's right to request the above provision of security has been lost and the defendant's right to request the first instance court is unlawful.
Therefore, it is so decided as per Disposition by the assent of all participating judges who reject the application for the provision of lawsuit security.
Justices Lee Chang-chul (Presiding Justice)