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(영문) 서울고등법원 2019.05.31 2018나8868
보험금
Text

1. The plaintiff's appeal is all 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.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence

2. The plaintiff's lawsuit of this case is unlawful and its defects cannot be corrected. Thus, the plaintiff's lawsuit of this case must be dismissed.

The judgment of the court of first instance is justifiable in conclusion as above.

On the other hand, the Civil Procedure Act provides that "if a legal action cannot be corrected due to its defects, it may be dismissed by a judgment without holding any pleadings (Article 219)." The above provision is located in Part II (Procedure of First Instance), not in Part I (General Provisions) and may also be applied to an appellate court on its system.

In addition, the Civil Procedure Act provides, apart from the above provision, that "if the defects are not corrected as an incidental appeal, an appeal may be dismissed by a judgment without holding any pleadings (Article 413), it shall be dismissed by a judgment without holding any pleadings (Article 413), which shall be separately prescribed in an appellate court in consideration of the fact that in addition to the requirements for an appeal, the requirements

In full view of the above facts, the court of first instance rendered a ruling of rejection of the lawsuit without holding any pleadings on the grounds that the lawsuit is unlawful and its defects cannot be corrected as in the instant case, and in the event that the plaintiff appealed against it, but the lawsuit still is illegal and its defects cannot be corrected, the appeal may be dismissed without holding any pleadings by applying Article 219 of the Civil Procedure Act.

Therefore, the Plaintiff’s appeal is dismissed in entirety without pleading.

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