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(영문) 인천지방법원 2020.01.31 2019가합61945
손해배상(기)
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Where the court determines that the provision of security for the costs of lawsuit is necessary because the plaintiff has no address, office, or office in the Republic of Korea, or the claim is obviously groundless based on the written complaint, written brief, or other court records, it shall order the plaintiff to provide the security for the costs of lawsuit

(Article 117(1) of the Civil Procedure Act). If, with the knowledge of the existence of the grounds for providing security, the defendant makes a pleading on the merits or makes a statement during the preparatory date for pleading, he shall not apply

(Article 118). The secured amount must be determined on the basis of the total sum of the expenses to be disbursed by the Defendant in each instance.

(Article 120 (2) of the above Act). In addition, when a plaintiff fails to furnish a security within the period to furnish such security, the court may dismiss the lawsuit by its judgment without holding any pleadings.

(1) In light of the records of this case, on September 11, 2019, the Plaintiff submitted a complaint against the Defendants on the grounds of a tort, etc., as stated in the above purport of the claim. On October 22, 2019, the Defendants did not present the merits of this case, and the Plaintiff as the respondent does not have a domicile or domicile in the Republic of Korea. Thus, the Plaintiff filed an application for an order to provide the security of the costs of lawsuit on November 21, 2019 and the court rendered a decision to order the Defendants to deposit KRW 39,697,600 as security of the costs of this case pursuant to Articles 117(1) and 120 of the Civil Procedure Act within 30 days from the date of receiving this decision for the Defendants as security of the costs of lawsuit of this case (the Plaintiff did not provide the above order within 30 days from the date of receiving the order to deposit KRW 39,69,600 for the Defendants (the 2019Ka75), and the Plaintiff did not provide the immediate appeal within 30 days.

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