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(영문) 대전고등법원 2016.11.30 2015재나1013
부당이득금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

According to the provisions of Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer a security for the costs of lawsuit, such as when a claim is not sustainable due to a complaint, briefs and other records of trial, the court may order the plaintiff to offer a security for the costs of lawsuit ex officio, and if the plaintiff fails to offer a security within the period for providing such security, the court may dismiss the lawsuit by its judgment

On December 9, 2015, the Plaintiff filed a lawsuit for review of the instant case regarding the judgment subject to review. On October 20, 2016, this court rendered a decision to provide litigation costs under Articles 117(2) and 120(1) of the Civil Procedure Act, which ordered “to deposit KRW 5,00,000 within seven days from the date on which the order was notified,” and the fact that the Plaintiff failed to provide a security until the lapse of seven days from the date on which the order to provide litigation costs was served on October 23, 2016 is apparent in the record.

Therefore, without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

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