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(영문) 서울서부지방법원 2018.11.30 2017가단16405

손해배상(기)

Text

1. All of the lawsuits filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

According to the records of this case, pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act, the court ordered the Plaintiff (appointed parties; hereinafter “Plaintiff”) to deposit KRW 4,219,020 as security for the litigation costs of this case within 10 days from the date of receiving the notification of the order pursuant to Article 117(2) and Article 120(1) of the same Act, and it is recognized that the Plaintiff appealed against the Plaintiff, but the appellate court rendered a decision to dismiss the Plaintiff’s appeal on October 12, 2018 (this Court Decision 201Ra1015), and that the said decision became final and conclusive since the Plaintiff did not re-appeal on October 18, 2018 after receiving the notification of the order. < Amended by Act No. 15604, Oct. 18, 2018>

In addition, the part concerning the claim of money among the lawsuit of this case cannot be understood as having specified the cause of the claim, since it is impossible to ascertain the Defendants’ obligation to pay money based on what factual relations and legal basis. The part seeking the return of goods cannot be seen as having specified the purport of the claim and the cause of the claim since the subject of the claim is unclear.

Although the plaintiff filed a lawsuit similar to the lawsuit in this case over several times, the fact that the plaintiff received a ruling of rejection for reasons of the purpose of the claim and the unspecified cause of the claim is significant in this court.

Thus, the plaintiff's lawsuit of this case against the defendants falls under the main sentence of Article 124 of the Civil Procedure Act, and at the same time, since it is an illegal lawsuit under Article 219 of the Civil Procedure Act which cannot correct its defects, it is so decided to dismiss it without holding any pleadings.