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서울고등법원 2015.07.17 2013나78381
위법행위의 구성여부확인

1. The appeal by the plaintiff shall be dismissed;

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

purport, purport, ..


The Plaintiff appealed on April 29, 2013 as the first instance court lost. On April 15, 2015, this court rendered an order to provide litigation expenses pursuant to Articles 117(2) and (1) and 120 of the Civil Procedure Act, which ordered the Plaintiff to provide litigation expenses that “the Plaintiff shall deposit KRW 1.6 million for the Defendant as a security for litigation expenses within 14 days from the date the decision was notified,” and the Plaintiff submitted a written objection to the effect that he/she is dissatisfied with the order on April 21, 2015, after being notified of the order to provide litigation expenses, on May 4, 2015. However, on May 12, 2015, this court issued an order to dismiss the Plaintiff’s appeal on the ground that “The Plaintiff’s immediate appeal should be filed within one week from the date the judgment was notified, but it is unlawful because the Plaintiff’s immediate appeal was not made within the fixed period of time from the date the order was rejected, as well as the fact that the Plaintiff did not provide the above immediate appeal within six days.

Therefore, the appeal of this case is dismissed without holding any pleadings pursuant to Article 408 and the main sentence of Article 124 of the Civil Procedure Act. It is so decided as per Disposition.