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(영문) 울산지방법원 2018.10.24 2018재나327
손해배상(기)
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 June 7, 2018, the Plaintiff filed a lawsuit for the retrial of this case against the judgment subject to a review. On August 29, 2018, this court rendered a ruling to provide litigation costs security under Articles 117(2) and 120(1) of the Civil Procedure Act, which ordered “to deposit KRW 500,000 within 15 days from the time the order was notified,” and the Plaintiff served on September 3, 2018, the Plaintiff filed a reappeal against the said ruling on September 11, 2018, one week after the date the order to provide litigation costs was served. On September 20, 2018, this court rejected the Plaintiff’s reappeal on the ground that the Plaintiff filed a reappeal with the lapse of the period of reappeal, and the said order became final and conclusive at that time.

The fact that the plaintiff did not provide security even until the expiration of the period for providing security set forth in the above decision is clear in records.

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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