부당이득금 반환
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. In fact, each of the following facts shall be recognized by this Court or by records:
A. On August 29, 2018, pursuant to Article 117(2) of the Civil Procedure Act, the instant court rendered a decision ordering the Plaintiff to deposit KRW 500,000 within 15 days from the date of notification of the order as security for litigation costs (hereinafter “instant order to provide security”), and the original copy of the decision was served on the Plaintiff on September 3, 2018.
B. On September 5, 2018, the Plaintiff filed an immediate appeal with Supreme Court Decision 2018Ma6203 regarding the instant order to provide collateral, but the said court rendered a decision to dismiss the said immediate appeal on December 21, 2018, and the said decision on dismissal became final and conclusive on December 26, 2018, and accordingly, the instant order to provide collateral became final and conclusive on the same day.
C. The Plaintiff did not provide a prescribed security within 15 days from the date of confirmation of the instant order to provide the security.
2. As to the facts found in the above, the Plaintiff did not provide a security within the period of providing the security under the order to provide the security. Therefore, it is so decided as per Disposition by the assent of all participating Justices, without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act.