손해배상
1. The plaintiff's appeal is 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
① On September 11, 2018, the first instance court rendered ex officio a ruling to provide the Plaintiff with security of litigation costs that “to deposit KRW 60,000,000 within 14 days from the date of receiving the notification of this order as to the security of litigation costs,” pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act. The Plaintiff received the notification of the above security on September 17, 2018; ② the Plaintiff failed to provide the security within the period prescribed in the above security decision; ② the Plaintiff failed to provide the security within the period prescribed in the first instance court; ③ the court of first instance dismissed the instant lawsuit without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act on November 7, 2018; ④ the fact that the Plaintiff did not provide the security until the present.
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 security following the above decision of providing security, is justifiable. Thus, the plaintiff's appeal is without merit, and in this case, in light of the legislative intent of the main sentence of Article 124 of the
It is so decided as per Disposition.