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(영문) 수원지방법원 2019.07.12 2018나81547
배당이의
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. In the event that the plaintiff has no address, office, or place of business in the Republic of Korea, or it is evident that a claim based on the written complaint, preparatory documents, or other records of trial has no merit, etc., the court may order the plaintiff to provide a security for the costs of lawsuit ex officio (Article 117(1) and (2) of the Civil Procedure Act), and when the plaintiff fails to provide such security within the period for providing the security, the court may dismiss the lawsuit by its judgment

(Article 124 of the same Act). The following facts are identified by the records of this case or significant in this court:

On September 7, 2018, the court of first instance rendered a judgment dismissing the Plaintiff’s instant lawsuit. On September 27, 2018, the Plaintiff appealed against this decision.

B. On March 28, 2019, pursuant to Articles 117(2), 117(1), and 120 of the Civil Procedure Act, the instant court rendered a ruling regarding an order to provide security for the costs of lawsuit ordering the Plaintiff to “to deposit KRW 5 million within 14 days from the date on which the decision on security for the costs of lawsuit was notified.” The said ruling was served on the Plaintiff on the same day.

C. The Plaintiff did not comply with an order to provide security until 14 days have passed since then.

3. Therefore, we decide to dismiss the Plaintiff’s appeal without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act. It is so decided as per Disposition.

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