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(영문) 서울서부지방법원 2019. 04. 10. 선고 2017가단10827 판결
손해배상 청구[국승]
Title

Claims for Damages

Summary

In relation to the instant case, the Plaintiff failed to comply with the order to guarantee the cost of lawsuit within the deadline, which is dismissed pursuant to Article 124 of the Civil Procedure Act.

Related statutes

Article 124 of the Civil Procedure Act

Cases

Seoul Western District Court Decision 2017Kadan10827 Compensation, etc.

5% per annum and 15% per annum from the next day to the day of complete payment of a copy of the complaint

It shall pay the amount calculated by the rate of interest.

B. The Defendants jointly and severally agreed to the Plaintiff KRW 9,000,000 and the Defendants’ objection thereto from May 18, 2011

5% per annum and 15% per annum from the next day to the day of complete payment of a copy of the complaint

It shall pay the amount calculated by the rate of interest.

Plaintiff and appellant

- Appellants

M

Defendant, Appellant and Appellant

AA

Judgment of the first instance court

National Rotations

Conclusion of Pleadings

Pleadings without Oral Proceedings

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1.In the vicinity of the office:

A. The Defendants are jointly and severally liable to deliver value-added tax of KRW 10,062,00,000 to the Plaintiff (Appointed Party) and to the designated parties, as well as the certificates of credit equivalent to the value-added tax, additional tax, or articles corresponding to the applicable tax rate, and each money transaction (payment).

B. The Defendants jointly and severally pay 10,230,000 won to the Plaintiff (Appointed Party) and the appointed parties and the amount calculated by applying 9% per annum from May 18, 201 to the service date of a copy of the instant complaint, and 15% per annum from the next day to the day of complete payment.

2. For the preliminary purpose:

A. Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E jointly and severally with the Plaintiff KRW 11,00,000,000, and the aforementioned amount from December 30, 2005

Reasons

On June 22, 2017, pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act, the court ordered the plaintiff (appointed party) and the selected party to provide a security for the costs of lawsuit. The plaintiff (appointed party) filed an immediate appeal against the above order as Seoul Western District Court 2017Ra1056, but the above court dismissed it on July 19, 2017, and the above order became final and conclusive on September 1, 2017. Accordingly, the above order was finalized on the same day, but since the plaintiff (appointed party) did not provide a security within the period prescribed in the above order, it decided to dismiss the lawsuit of this case without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act.

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