손해배상(건)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
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
On April 30, 2015, the court of the first instance issued an order to provide the Plaintiff with security at the cost of lawsuit, stating that “the Plaintiff shall deposit KRW 30.6 million within ten days from the date on which it was notified of this order as security for the costs of lawsuit.” The Plaintiff appealed against this order and filed a complaint and reappeal, but the Supreme Court dismissed the reappeal on March 18, 2016, and the order to provide security became final and conclusive. The fact that the Plaintiff failed to provide security until now is clear, even though ten days have passed since it was notified of the decision to dismiss the reappeal.
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 a security in accordance with the above security provision is justifiable. Therefore, the plaintiff's appeal is dismissed as it is without merit. It is so decided as