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(영문) 서울서부지방법원 2019.03.22 2017가단5979 (1)
손해배상등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Facts recognized;

A. On April 12, 2018, this Court ordered the Plaintiff to deposit KRW 5 million as security for the instant litigation costs within 10 days from the date the order was notified.

B. The Plaintiff did not deposit ten (10) days after receipt of the above decision, and before this decision was rendered.

C. On April 25, 2018, the Plaintiff appealed with respect to the Defendants among the above decisions, but on October 30, 2018, the said decisions became final and conclusive.

[Grounds for Recognition] Cleared Facts in records, significant facts in this Court, the purport of the whole pleadings

2. Relevant Civil Procedure Act provisions

A. Article 117(1) of the Civil Procedure Act provides, “Where it is deemed necessary for the Plaintiff to provide security for the costs of lawsuit, such as when the claim is obviously groundless due to (a) or written complaint, briefs, or other records of trial, the court shall order the Plaintiff to provide security for the costs of lawsuit, upon the Defendant’s request,” and “in the case of paragraph (1), the court may order the Plaintiff to provide security for the costs of lawsuit ex officio in the case of

B. Article 120 of the Civil Procedure Act provides, “The court shall determine the amount of security and the period for providing security in the decision ordering the provision of security.”

C. Article 124 of the Civil Procedure 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 the same shall not apply where a security is provided prior to the judgment.”

3. In light of the facts acknowledged in the above Paragraph (1) and the provisions of the Civil Procedure Act related to Paragraph (2) above, the court of this case may dismiss the plaintiff's lawsuit against the defendants among the lawsuit of this case by judgment without pleading.

Defendant B, Korea, C, and D.

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