1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

According to the provisions of Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer a security for the costs of lawsuit, such as when a claim is not sustainable due to a complaint, briefs and other records of trial, the court may order the plaintiff to offer a security for the costs of lawsuit ex officio, and if 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 16, 2018, the Plaintiff filed a lawsuit for a retrial against the judgment subject to a retrial. On August 30, 2018, this court rejected the Plaintiff’s reappeal on the ground that the Plaintiff filed a reappeal with the lapse of one week from the date of receipt of the said order on September 11, 2018 on the grounds that it is necessary to provide security for litigation costs on August 30, 2018, pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act, “a deposit of KRW 3 million shall be made within 15 days from the date of receipt of the notification of the order.” The Plaintiff served the said order on September 3, 2018. The Plaintiff filed a reappeal against the said order on September 20, 2018, on the ground that the Plaintiff filed a reappeal with the lapse of the period of reappeal, and the said order became final and conclusive around that time.

The fact that the plaintiff did not provide security even until the expiration of the period for providing security set forth in the above decision is clear in records.

Therefore, without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.