손해배상(기)등
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
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
Pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act of June 29, 2017, the court of the first instance rendered ex officio a ruling to provide the security of litigation costs that “the plaintiff shall deposit KRW 10,954,800 within 10 days from the date of receipt of the notification of this order as security for the litigation costs,” and the fact that the plaintiff was served with the above decision to provide the security on July 3, 2017, and the fact that the plaintiff did not provide the security until now is apparent is obvious.
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 by
It is so decided as per Disposition.