Applicant (Law Firm, Attorneys Kim Chang-chul et al., Counsel for the applicant-appellant)

Respondent

Suwon District Court Order 2009Ma3521 dated June 17, 2010

1. The appeal of this case shall be dismissed.

2. The person who bears the cost of execution of the decision of the court of first instance shall be corrected to “the respondent”.

The appellant shall, in case where the appellant has failed to state the reasons for the appeal in a written appeal, submit to the court of original judgment within 10 days from the date on which he has submitted the written appeal. In this case, the reasons for the immediate appeal shall be specified pursuant to the Supreme Court Regulations (Article 13 of the Regulations on Civil Execution), and in case where the appellant fails to submit the written reasons for the immediate appeal within the fixed period, or where the entry thereof is in violation of the Supreme Court Regulations, or where it is evident that the immediate appeal is unlawful and it is impossible to correct its expenses, the court of original judgment shall dismiss the immediate appeal by its ruling (Article 15(3), (4), and (5) of the Civil Execution Act). Further, in case where the appellant has sent the case without dismissing the immediate appeal even though the court of original judgment has to dismiss it, the court of appeal shall dismiss it immediately (see, e.g., Supreme Court Order 2005Ma1023, Mar. 27, 2006; Supreme Court Order 205Ma54, Sept. 25, 2004).

However, according to the records of this case, the respondent (the re-appellant of the judgment of the Supreme Court) only stated in the column of the reason for appeal that "I would deliver the immediate appeal of this case to the court below on June 15, 2010," but did not submit the reason for appeal within 10 days thereafter, the appeal of this case by the respondent is unlawful.

Therefore, the appeal of this case by the respondent is dismissed as unlawful and it is clear that the part of the person who bears the execution cost in the order of the first instance court's decision is a clerical error, so it is decided as per Disposition.

Judges Cho Ji-hee (Presiding Judge)