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(영문) 서울북부지방법원 2019.11.21 2019재나629

부당이득금반환

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

① Upon the Plaintiff’s filing of the instant lawsuit, on September 19, 2019, the court ordered the Plaintiff to deposit KRW 3,000,000 within 14 days from the date of notification of the order as a security for litigation costs pursuant to Article 117(2) of the Civil Procedure Act (hereinafter “instant order to provide security”). The original copy of the said order was served on the Plaintiff on September 25, 2019. ② On September 26, 2019, the Plaintiff submitted the “statement of grounds for refusing the order to provide security” to the Plaintiff on September 30, 2019, and this court issued the instant order to submit the “statement of grounds for refusing the order to provide security” to the Plaintiff on September 30, 2019, if the said document is intended to object to the court’s order to provide security, it is clear that the order to provide the Plaintiff with an immediate appeal attached with stamp and delivery charges within seven days from the date of notification of the order to provide the instant immediate appeal within 14 days from the date of the instant order to provide security.

According to the above facts, since the plaintiff did not provide a security within the period of providing the security under the order to provide the security, it is so decided as per Disposition by the court below to dismiss the lawsuit of this case without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act.