1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Article 117(1) of the Civil Procedure Act provides that “Where a plaintiff deems it necessary to provide security for litigation costs, such as when he/she has no address, office, or place of business in the Republic of Korea, or when a claim is evident by the written complaint, briefs, or other court records of trial, the court shall order the plaintiff to provide security for the litigation costs. The same shall also apply where the security is insufficient.

Article 124 of the same Act provides, “When a plaintiff fails to provide a security within the period for providing such security, the court may dismiss the lawsuit by its judgment without holding any pleadings: Provided, That this shall not apply where the security has been provided prior to the judgment.”

In light of the relevant provisions, the instant lawsuit shall be dismissed in accordance with the main sentence of Article 124 of the Civil Procedure Act.

① In other words, the Defendant filed an application for the provision of litigation costs with the order of the Plaintiff to provide the security for the litigation costs of the instant lawsuit with the court 2015 Chicago3070.

② On February 5, 2015, the court of the first instance accepted this order and ordered the Plaintiff to deposit KRW 14,400,000 for the Defendant as a security for the litigation costs of the instant lawsuit within seven days from the date of receiving the notice of this order.

③ On March 12, 2015, the Plaintiff served the original copy of the order to provide collateral, but did not file an appeal within the immediate appeal period.

④ The Plaintiff did not provide a security in compliance with the above order to provide the security until the date the judgment of the trial was rendered.

Thus, the judgment of the court of first instance is just and reasonable, and the plaintiff's appeal is dismissed as it is without merit.