logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.05.10 2017나36554
손해배상등
Text

1. The appeal of this case shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

purport, purport, and.

Reasons

1. The court of the first instance rejected the instant lawsuit without holding any pleadings, deeming that the instant lawsuit was unlawful and thus cannot be corrected for the following reasons.

“This Court rendered a decision to order the Plaintiff to offer litigation costs pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act on June 17, 2015, and the original copy of the decision was served on the Plaintiff on June 23, 2015. The Plaintiff appealed against the foregoing decision to offer collateral, but this Court dismissed the Plaintiff’s appeal (this Court Order 2015Ra1014 dated November 17, 2015). The Plaintiff re-appealed against this decision, but the Supreme Court dismissed the Plaintiff’s reappeal (Supreme Court Order 2015Ma4550 Decided March 3, 2016). However, the Plaintiff did not provide a security within 10 days from the date on which the notice of the decision to offer collateral was given.”

2. According to the records of this case, although the plaintiff (appointed) submitted a petition of appeal against the judgment of the court of first instance, it was not sufficient to perform the obligation to provide security as well as the lawsuit itself because it is not clear as to the purport of the claim and the cause of the claim, and the defects are still not corrected.

Furthermore, since the purport of appeal and guidance for appeal stated in a petition of appeal and other written documents submitted by the plaintiff (appointed party) are unclear, the scope of appeal against the judgment of the court of first instance and the subject matter of appeal to the appellate court cannot be specified.

Even if the pleading is in progress, there is no room for an appellate court to revoke the judgment of the first instance court, and to grant legal remedies desired by the plaintiff (appointed party) by having the plaintiff render a judgment on the merits or remand the case to the first instance court for rendering a judgment on the merits.

Nevertheless, it is not desirable in terms of the economy of litigation if it is necessary to make a final judgment on appeal by proceeding the oral proceedings.

arrow