[항소장각하명령][공1992.1.15.(912),257]
The register of correction of correction stating "amount of stamp attached to the complaint" as "amount of stamp attached to the complaint" without any indication of the amount of stamp attached to the deficiency (negative)
Where a stamp affixed to the petition of appeal is not affixed, the presiding judge shall order the correction by specifying the amount of stamps to be affixed, and the order stating "amount of stamps affixed to the petition of appeal" shall not be deemed legitimate order of correction, since the order cannot be deemed legitimate order of correction, it shall not be dismissed on the ground that the parties concerned failed to correct it within the period for correction.
Article 371(1) of the Civil Procedure Act
Re-appellant
Co., Ltd.
Seoul High Court Order 91Ra121 Dated September 26, 1991
The order of the court below is reversed and the case is remanded to Seoul High Court.
The grounds of reappeal are examined.
In case where the stamps attached to the petition of appeal have not been affixed to the stamps attached thereto, the presiding judge shall order the correction of the stamps by specifying the amount of stamps to be attached, and the order to attach the stamps in the petition of appeal cannot be deemed lawful order of correction without indicating at all the amount of stamps at all. Therefore, the petition of appeal cannot be dismissed on the ground that the parties failed to correct it within the period for correction
According to the records, the presiding judge of the first instance court in the Seoul Civil District Court 90 Ma43266 damages case of this case is recognized that the Re-Appellant, who is the plaintiff, stated only the "amount of stamps affixed to the complaint" as a defect to be corrected in the order of ordering the Re-Appellant to affix a stamp on the petition of appeal, and did not indicate at all the amount of stamps to be affixed, and such order of correction cannot be deemed lawful
Nevertheless, the court below maintains the order of the presiding judge of the first instance court who dismissed the petition of appeal on the ground that the plaintiff did not correct it within the period for correction. Thus, it cannot be said that the court erred in the misapprehension of legal principles as to the correction of stamp attachment, which affected the judgment, and therefore, it is reasonable to discuss this point.
Therefore, the order of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Song Man-man (Presiding Justice)