소송비용액청구취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The facts below the basic facts are clear in the records or are significant in this court.
On September 21, 2017, pursuant to Article 117(2) of the Civil Procedure Act, the court of the first instance decided to provide the Plaintiff with the security of litigation costs, “to deposit KRW 5 million within 14 days from the date of receiving the notice of this order as security for the litigation costs.”
(hereinafter “instant decision”). B.
On September 26, 2017, the Plaintiff filed an immediate appeal after seven days have elapsed since the instant decision was served.
On October 17, 2017, the court of first instance rejected the appeal on the ground that the appeal was filed after the expiry of the lawful period of appeal (one week from the date of service of the decision) and is unlawful.
Although the plaintiff did not provide a security under the decision of this case until the date of the first instance judgment, as well as within the period of providing a security under the decision of this case.
C. Accordingly, the court of first instance rejected the instant lawsuit without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act.
The plaintiff appealed against the judgment of the court of first instance, but still does not provide a security under the decision of this case until now.
2. Where it is deemed necessary to offer security for the costs of lawsuit, such as when a claim based on the written complaint for judgment, briefs and other records of trial is clearly groundless, the court may order the plaintiff to offer security for the costs of lawsuit ex officio (Article 117(2) and (1) of the Civil Procedure Act), and where the plaintiff fails to offer such security within the period for providing the security, the court may dismiss the lawsuit by its judgment
(The main sentence of Article 124 of the Civil Procedure Act). The fact that the plaintiff did not provide a security under the decision of this case until the date of the decision of the court of first instance, as well as until the date of the decision, is as seen earlier, the judgment of the court of first instance, which dismissed the lawsuit
3. Conclusion.