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(영문) 서울서부지방법원 2019. 10. 23. 선고 2016가단17036 판결
담보제공명령에서 정한 기간 이내에 담보를 제공하지 않았으므로 소를 각하함[국승]
Title

The action was dismissed because it did not provide a security within the period specified in the order to provide a security.

Summary

If the court did not comply with an order to provide a security by the court within a certain period of time, it is reasonable to dismiss the lawsuit without pleading in accordance with the main sentence of Article 124 of the Civil Procedure

Related statutes

Article 117(2) of the Civil Procedure Act

Cases

2016 Ghana 17036 Of course, duty to remove the result, etc.

Plaintiff

O KimO

Defendant

Republic of Korea and 4

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

October 23, 2019

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Cheong-gu Office

Selectively, the Defendants are jointly and severally liable to the Plaintiff

1. From June 15, 2009 to the service date of a copy of the complaint of this case, 20,062,000 won and the amount calculated by the rate of 9% per annum and 15% per annum from the next day to the day of complete payment.

2. (1) A person is superior to a disguised transaction of 18,000,000 won (amount of value-added tax) and fulfills his/her duty to file a return on tax returns and to correct the return on tax returns on January 25, 2004 and January 25, 2006.

2) The plaintiff shall be handed over (return) the Switzerland lecture equivalent to the additional dues of KRW 2,060,000, each passbook, each passbook, seal and goods delivery certificate, and bond certificate, etc. The above amount shall be paid at the rate of 9% per annum from October 1, 2008 to the service date of a duplicate of the complaint of this case, and at the rate of 15% per annum from the next day to the day of complete payment.

Reasons

This court ordered the Plaintiff to offer a security for the costs of lawsuit on March 20, 2019 pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act, but the Plaintiff did not offer a security within the period prescribed by the above order from the date when the above order to offer a security became final and conclusive. Thus, the Plaintiff decided to dismiss the instant lawsuit without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act.

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