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(영문) 부산지방법원 2019.03.06 2018나60892
손해배상(기)
Text

1. All of the Plaintiff’s appeal shall be 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. According to the relevant legal principles and Articles 117 and 124 of the Civil Procedure Act, in a case where it is deemed necessary to offer a security for the costs of lawsuit, the court may order the plaintiff to offer a security for the costs of lawsuit ex officio, and in a case where the plaintiff fails to offer a security within the period for providing such security, the court

2. According to the records of this case, the following facts are recognized.

A. On October 11, 2018, the court of first instance rendered a judgment dismissing all the Plaintiff’s claims against the Defendants. The Plaintiff appealed against the first instance judgment on November 5, 2018.

B. On November 28, 2018, the instant court rendered a ruling regarding an order to provide the Plaintiff with security of litigation costs, stating that “a deposit of KRW 10,800,000 shall be made within 14 days from the date of receiving notification of the decision as to the security of litigation costs,” pursuant to Articles 117(2) and (1), and 120 of the Civil Procedure Act.

C. The Plaintiff did not comply with the order to provide security until 14 days have passed since then.

3. According to the conclusion, all of the Plaintiff’s appeal is dismissed without holding any pleadings under the main sentence of Article 124 of the Civil Procedure Act.

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