Whether a rejection of the petition of appeal may be dismissed on the ground that the rejection of the application for salvage without attaching stamps to the petition of appeal became final and conclusive, but in case where the application for salvage has been filed again in the lawsuit, regardless of whether the rejection of the new application has become final and conclusive (affirmative)

In case where the appellant has filed an application for the salvage in the lawsuit without attaching a prescribed stamp when filing a petition of appeal, the petition of appeal shall not be dismissed on the ground that the stamp of the petition of appeal is not attached before the decision on the application for the salvage in the lawsuit becomes final and conclusive, or on the ground that the order for dismissal of the application for the salvage in the lawsuit has not been revised after the final and conclusive decision on the application for the salvage in the lawsuit, the rejection of the petition of appeal is justifiable. Even if the first application for the salvage in the lawsuit was filed after the decision on dismissal of the first application for the salvage in the lawsuit became final and conclusive, and even if the second application for the salvage in the lawsuit was made after the decision on dismissal of the application for

Articles 118 and 371 of the Civil Procedure Act

Supreme Court Order 4290Private Port70 Dated August 1, 1957

Re-appellant

Busan High Court Order 91Na14529 Dated November 18, 1992

The reappeal is dismissed.

The grounds of reappeal are examined.

According to the records, the Re-Appellant was sentenced to the judgment against October 15, 1991 as the plaintiff of Busan District Court 91Kahap1827 case and did not attach stamps to the petition of appeal on November 6 of the same year. Meanwhile, the Re-Appellant filed an application for rescue at the appellate court, but it was dismissed on January 3, 1992 and re-appellant was dismissed on August 31, 1992 due to the ruling of 92Ma102 dated August 31, 1992. Accordingly, the presiding judge of the court below ordered the re-appellant to correct the amount of KRW 10,628,800 and delivery fees of KRW 24,00 on October 5, 192, and the original copy of this order was served to the Re-Appellant on October 15, 1991, and it was clear that the Re-Appellant dismissed the petition of appeal of the court below on June 19, 197.

According to the above circumstances, where the appellant submitted a petition of appeal and applied for salvage in the lawsuit without attaching a prescribed stamp, the petition of appeal shall not be dismissed on the ground that the recognition of the petition of appeal is not attached before the decision on the application for salvage becomes final and conclusive under this lawsuit. However, once the decision dismissing the application for salvage in the lawsuit becomes final and conclusive, and the petition of appeal shall be dismissed on the ground that the order was issued for correction, such as whether it becomes final and conclusive after the dismissal of the application for salvage in the lawsuit, and that the correction was not made on the ground that the application was not corrected, even if the application for salvage in the lawsuit was accepted in the first time after the dismissal of the first application for salvage in the lawsuit became final and conclusive, if the application for salvage in the lawsuit was accepted in the grounds for the subsequent

If not so, if the petition for relief is submitted repeatedly, it is unfair that the lawsuit is closed. Therefore, there is no reason to discuss.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Final Young-young (Presiding Justice)