beta
(영문) 부산지방법원 2019.12.18 2019재나40008

손해배상(기)

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. The following facts shall be apparent or obvious to the court in fact of recognition:

On April 23, 2019, the Plaintiff filed a lawsuit for the retrial of this case, and on April 23, 2019, the court rendered a decision ordering the Plaintiff to deposit KRW 3.7 million within seven days from the date of receiving a notice of order as a security for litigation costs pursuant to Article 117(2) of the Civil Procedure Act (hereinafter “instant order to provide security”), and the original copy of the decision was served on the Plaintiff on the

B. On April 29, 2019, the Plaintiff filed an immediate appeal against the instant order to provide collateral with Busan High Court Decision 2019Ra5078, but the said court rendered a decision to transfer the instant order to the Supreme Court on July 3, 2019 on the ground that the appeal against the decision of the appellate court was a reappeal.

C. On October 18, 2019, the Supreme Court (No. 2019Ma6051) rendered a decision to dismiss the above immediate appeal. On October 26, 2019, the above dismissal decision became final and conclusive on October 26, 2019, and accordingly, the instant order to provide collateral became final and conclusive on the same day.

The plaintiff did not provide the security within seven days from the date of confirmation of the order to provide the security of this case.

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