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창원지방법원통영지원 2015.04.30 2014가합1283
약정금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On September 12, 2014, the court rendered a decision ordering the Plaintiff to provide KRW 10 million as a security for litigation costs (Article 117(2) and (1) of the Civil Procedure Act may order the Plaintiff to provide a security for litigation costs ex officio without the Defendant’s request, where the court considers it necessary to provide a security for litigation costs based on the court records) within 10 days from the date it received a written decision (Article 117(2) and (1) of the Civil Procedure Act). On September 16, 2014, the Plaintiff served the above decision on September 22, 2014 and appealed on the appeal on September 22, 2014, the appellate court dismissed the Plaintiff’s appeal under the Busan High Court (Ch Changwon) 2014Ra1022, and confirmed on March 31, 2015; the Plaintiff received the above decision on March 20, 2015 and did not provide a security within the period of time.

Therefore, the lawsuit of this case is dismissed in accordance with the main sentence of Article 124 of the Civil Procedure Act.

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