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(영문) 서울고등법원 2020.09.23 2018나2057989
채무부존재확인
Text

1. The plaintiff's appeal shall be dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

In case where an ex officio appellant on whether or not an appeal is lawful files an application for legal aid without attaching a prescribed stamp while filing a petition of appeal, the 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 legal aid becomes final and conclusive, on the ground that the decision on the application for legal aid has not been affixed thereon, but on the ground that the rejection of the petition of appeal on the ground that the rejection of the petition of appeal has not

(see, e.g., Supreme Court Order 92Ma1134, Jan. 25, 1993; Supreme Court Order 2008Ma547, Jul. 1, 2008). Meanwhile, the presiding judge of the appellate court may order correction and dismiss the petition of appeal by order when he/she refuses to comply with the order when examining the petition of appeal and examining the defects before entering the appellate court’s pleading. However, the presiding judge may dismiss the petition of appeal by order when he/she enters the pleadings after serving the petition of appeal on the grounds that the defects are excessive. However, the petition of appeal may not be dismissed by order,

According to the records, the plaintiff filed an appeal against the judgment of the court of first instance on September 17, 2018 and failed to attach revenue stamps as prescribed by the Act. ② On September 20, 2018, the court of first instance ordered the correction to the effect that "the court of first instance who was ordered to pay KRW 24,652,400 to the stamp to be attached to the petition of appeal within seven days from the date of receipt of the order to pay the stamp amounting to 24,652,400" was ordered and the above order of correction reached the plaintiff on September 28, 2018. ③ The plaintiff filed an application for a lawsuit against the stamp pursuant to Seoul Central District Court Order 2018Ka-Gu5097 on October 2, 2018, the above court dismissed the application for the appeal on October 4, 2018 and dismissed the reappeal on which the applicant filed the appeal (Seoul High Court Order 2015Da18414, May 28, 20197).

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