(영문) 서울중앙지방법원 2018.05.25 2018나21929

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(영문) 서울중앙지방법원 2018.05.25 2018나21929

손해배상

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts are apparent in the records or are significant to this court:

On December 26, 2017, pursuant to Article 117(2) of the Civil Procedure Act, the court of the first instance ordered the Plaintiff to “deposit KRW 1,220,000 won within 20 days from the date of receiving the notice of this order as security for the costs of lawsuit” pursuant to Article 117(2)

(hereinafter “instant decision”). (b)

On January 4, 2018, the Plaintiff was served with the instant decision and did not file an immediate appeal, and the said decision became final and conclusive as it is.

However, the plaintiff did not provide a security under the decision of this case even before the judgment of the court of first instance, as well as within the period of providing a security under the decision of this case.

C. Accordingly, the court of first instance rejected the instant lawsuit without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act.

The plaintiff appealed against the judgment of the court of first instance, but still does not provide a security under the decision of this case until now.

2. Where it is deemed necessary to offer security for the costs of lawsuit, such as when a claim based on the written complaint for judgment, briefs and other records of trial is clearly groundless, the court may order the plaintiff to offer security for the costs of lawsuit ex officio (Article 117(2) and (1) of the Civil Procedure Act), and where the plaintiff fails to offer such security within the period for providing the security, the court may dismiss the lawsuit by its judgment

(2) In light of the legislative intent of the main text of Article 124 of the Civil Procedure Act, the judgment of the court of first instance, which dismissed the lawsuit of this case for this reason, is justifiable, and in light of the legislative intent of the main text of Article 124 of the Civil Procedure Act, the court may dismiss the appeal by judgment without holding any pleadings.

3. The plaintiff's appeal is without merit.

참조조문

-민사소송법 제117조 제2항

-민사소송법 제124조

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