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(영문) 서울고등법원 2020.09.25 2018재나20385
위자료
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

Reasons

1. According to Article 117(1) and (2) of the Civil Procedure Act and the main sentence of Article 124 of the same Act, where it is deemed necessary to provide a security for litigation costs, such as when a claim is not well-grounded by a complaint, briefs, and other records of trial, the court may order the defendant's application or ex officio to provide a security for litigation costs, and when the plaintiff fails to provide a security within the period for providing such security, the court may dismiss the

2.The following facts shall be apparent in the records or significant to this Court:

The plaintiff asserts that the plaintiff's reputation was damaged due to the plaintiff's false fact as a prisoner of war, and filed a counterclaim to the purport that the plaintiff jointly sought consolation money of KRW 30 million with the defendants. Accordingly, the defendant C, D, F, and G alleged that the plaintiff's principal lawsuit constituted an unfair lawsuit and sought consolation money of KRW 5 million with the plaintiff. The defendant E filed a counterclaim to the purport that the plaintiff seeks consolation money of KRW 30 million due to the plaintiff's defamation or insult.

B. On September 8, 2017, the first instance court (Seoul Central District Court 2016Da51835, 2016Gahap23279 (Counterclaim), 2017Gahap23252 (Counterclaim), and 2017Gahap27209 (Counterclaim)) partly accepted Defendant E’s counterclaim and rendered a judgment dismissing the Plaintiff’s main claim and the remainder Defendants’ counterclaim.

C. Accordingly, the Plaintiff, Defendant D, and F appealed, and Defendant B asserted that “the honor of the Plaintiff’s false fact-finding was damaged,” and filed a counterclaim with the Plaintiff seeking the payment of consolation money amounting to five million won.

The appellate court (Seoul High Court 2017Na2017Na2058190 (principal lawsuit), 2017Na2058206 (Counterclaim), 2017Na2058213 (Counterclaim), 2017Na205820 (Counterclaim), 2017Na20 (Counterclaim), 2017Na29172 (Counterclaim))) dismisses both the plaintiff, defendant D and F, and the counterclaim of defendant B.

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