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(영문) 대구지방법원 2015.06.17 2014나22374
부당이득금 반환
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

As the Plaintiff lost at the first instance court, on December 18, 2014, the Plaintiff appealed. On February 16, 2015, this court ordered the Plaintiff to deposit KRW 2,00,000 as security for litigation costs within 15 days from the date on which notification of this decision was received pursuant to Articles 117(2), 117(1), and 120 of the Civil Procedure Act on the ground that the instant case constitutes an obvious case where the claim based on the written complaint, written brief, and other court records was not well-grounded. The Plaintiff re-appealed after receiving such notification. However, the Supreme Court dismissed the Plaintiff’s re-appeal on April 29, 2015, and the said order for the provision of litigation costs became final and conclusive, notwithstanding the fact that the Plaintiff did not provide security not only within 15 days from the date of notification and confirmation of the said decision, but also within the date of notification of the said decision, it is obvious that this court was records or obvious.

Therefore, pursuant to Article 408 and the main text of Article 124 of the Civil Procedure Act, the appeal of this case shall be dismissed without holding any pleadings, and it is so decided as per Disposition.

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