logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.09.27 2019가단2165
손해배상(기)등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

According to the records of this case, on June 12, 2019, pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act, the court ordered the Plaintiff (appointed party; hereinafter “Plaintiff”) to deposit KRW 6,283,200 as security for the litigation costs of this case within 15 days from the date of receiving notice of the order from the Plaintiff (appointed party; hereinafter “Plaintiff”) pursuant to Article 117(2) and Article 120(1) of the Civil Procedure Act, and the above decision became final and conclusive, and the Plaintiff was not provided with the above security until 15 days after being served with the above decision and until the decision is pronounced.

In addition, the part concerning the claim of money among the lawsuits of this case cannot be understood as having specified the cause of the claim, since it is impossible to ascertain the Defendants’ obligation to pay money based on what factual relations and legal grounds. The part seeking the return of goods cannot be deemed to have specified the purport of the claim and the cause of the claim as the subject of the claim is unclear

Although the plaintiff filed a lawsuit similar to the lawsuit in this case over several times, the fact that the plaintiff received a ruling of rejection for reasons of the purpose of the claim and the unspecified cause of the claim is significant in this court.

Therefore, the plaintiff's lawsuit against the defendants falls under the main sentence of Article 124 of the Civil Procedure Act, and at the same time, since it constitutes an unlawful lawsuit under Article 219 of the Civil Procedure Act, and its defects cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices

arrow