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(영문) 서울중앙지방법원 2016.10.28 2015가단159808
손해배상
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Orders to provide security and non-performance of this court;

A. The remaining Defendants except Defendant E filed an application with the Plaintiff (Appointed Party; hereinafter “Plaintiff”) for an order to provide litigation costs with the court No. 2015 Cada3082, and this court ordered the Plaintiffs to provide the said Defendants with the security pursuant to Articles 117(1) and 120 of the Civil Procedure Act on February 29, 2016. The Plaintiffs filed an immediate appeal, but the appellate court dismissed the appeal on May 19, 2016 (Seoul High Court Decision 2016Ra209). However, the Plaintiffs re-appealed on September 9, 2016 (Supreme Court Decision 2016Ma1008). However, the Plaintiffs did not provide the said security up to the present date even though the order to provide security was finalized as it became final and conclusive (Supreme Court Decision 2016Ma1008).

B. Meanwhile, on September 29, 2016, pursuant to Articles 117(2) and 120 of the Civil Procedure Act, the instant court issued ex officio an order to provide the Plaintiffs with security of litigation costs against Defendant E, and the original copy of the said order was served on the Plaintiffs on October 4, 2016, but the Plaintiffs did not provide a security within 10 days from the date of receipt of notice, which is the period stipulated in the said order, and did not provide a security until now.

2. In conclusion, we decide to dismiss the instant lawsuit without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act. It is so decided as per Disposition.

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