공사대금및감정오류
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.
1. The following facts are clear in the records or significant in this court:
On December 17, 2014, based on Articles 117(2) and (1) and 120(1) of the Civil Procedure Act, the first instance court rendered ex officio a decision to deposit KRW 5,000,000 to the Plaintiff as security of the litigation costs within seven days from the date of receiving the notice of this order.
(hereinafter referred to as “the instant decision”). (b)
The Plaintiff appealed against the instant decision, but the appeal was dismissed on March 9, 2016 (Seoul Northern District Court 2015Ra4), and the reappeal was dismissed on July 26, 2016 (Supreme Court 2016Ma460), but the reappeal was dismissed (Supreme Court 2016Ma460), and the instant decision became final and conclusive.
C. Accordingly, the first instance court rejected the instant lawsuit without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act.
The plaintiff appealed against the judgment of the court of first instance, but still does not provide a security under the decision of this case until now.
2. Where it is deemed necessary to offer a security for the costs of lawsuit, such as when a claim is made based on the written complaint, briefs and other records of trial, and it is evident that such claim is groundless, the court may order the plaintiff to offer a security for the costs of lawsuit ex officio (Article 117(2) and (1) of the Civil Procedure Act), and where the plaintiff fails to offer such security within the period for providing the security
(The main text of Article 124 of the Civil Procedure Act). However, the Plaintiff did not provide a security pursuant to the instant decision until the date of the pronouncement of the first instance judgment, as well as until the date of the declaration of the
Therefore, the judgment of the court of first instance which dismissed the lawsuit of this case on the ground of this, is just, and the plaintiff's appeal is without merit, and it is so decided as per Disposition.