logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.08.24 2015재나1006
매매대금
Text

1. The lawsuit of this case shall be dismissed.

2. The intervenor succeeding to the plaintiff shall bear the costs of retrial.

Reasons

According to the provisions of Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer a security for the costs of lawsuit, such as when a claim is not sustainable due to a complaint, briefs and other records of trial, the court may order the plaintiff to offer a security for the costs of lawsuit ex officio, and if the plaintiff fails to offer a security within the period for providing such security, the court may dismiss the lawsuit by its judgment

On December 6, 2015, the Plaintiff’s succeeding intervenor filed a lawsuit for review of the instant case regarding the judgment subject to review. This court rendered a decision to provide litigation costs under Articles 117(2) and 120(1) of the Civil Procedure Act, which ordered “a deposit of KRW 3,00,000 within seven days from the date on which the order was notified,” and the fact that the Plaintiff’s succeeding intervenor filed a reappeal against the foregoing order on April 14, 2016, while the Plaintiff’s succeeding intervenor rejected the reappeal on July 22, 2016 (Supreme Court Decision 2016Ma5262) that the said decision to provide litigation costs became final and conclusive as is, and even if the said decision was served on July 24, 2016, the fact that the Plaintiff’s succeeding intervenor did not provide security until the date seven days have elapsed since the notification was received.

Therefore, without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

arrow