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(영문) 서울고등법원 2015.08.21 2015누33808
위법확인
Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

In the first instance court, the Plaintiff filed an appeal on December 30, 2014 at the same time. According to the petition of appeal and other records of trial on June 2, 2015, the court ordered the Plaintiff to deposit KRW 3,00,000 for the Defendant as a security for litigation costs pursuant to Article 8(2) of the Administrative Litigation Act and Articles 117(2) and (1), 120, and 122 of the Civil Procedure Act on the ground that the instant lawsuit falls under a case where it is obvious that it is unlawful in light of the petition of appeal and other records of trial. The Plaintiff failed to file an appeal after being notified thereof on June 8, 2015, but the order to provide litigation costs became final and conclusive. Nevertheless, the Plaintiff’s failure to provide the security not later than seven days from the date of the final and conclusive judgment is obvious in the records or is significant in the record.

Therefore, pursuant to Article 8 (2) of the Administrative Litigation Act and Article 408 and the main text of Article 124 of the Civil Procedure Act, the plaintiff's appeal shall be dismissed without oral proceedings. It is so decided as per Disposition.

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