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(영문) 서울고등법원 2019.12.13 2017재나20258
회사에 관한 소송
Text

1. All applications for retrial and quasi-deliberation of this case shall be dismissed.

2. Costs of retrial and costs of quasi-adjudications.

Reasons

After the lapse of a case, the following facts are apparent in the records or obvious to this court.

The Claimant filed a lawsuit against the Respondent in Seoul High Court Decision 2015Rena571, but the above court rendered a judgment dismissing the lawsuit for retrial on November 19, 2015, and the above judgment became final and conclusive.

The Claimant filed a lawsuit against the Respondent in Seoul High Court 2015Ja130, but the above court rendered a judgment dismissing the lawsuit for retrial on December 9, 2016, and the above judgment became final and conclusive as it is.

The Claimant filed a lawsuit against the Respondent in Seoul High Court 2017Na20012, but the above court dismissed the Respondent on November 8, 2017 on the ground that the Claimant did not correct the stamp and service fee, and the above order became final and conclusive as it is.

On April 9, 2019, the court rendered a decision to order the applicant to deposit KRW 2,50,000 (hereinafter “instant decision”) under Articles 117(2) and (1) and 120(1) of the Civil Procedure Act on the ground that the applicant’s petition for retrial and quasi-deliberation of the instant case need to be provided as a security for the costs of lawsuit, and the said decision was served on the applicant on May 29, 2019.

Judgment

According to the above facts, the decision of this case was finalized (the applicant sought revocation of the decision of providing litigation costs while submitting a written opinion as of May 29, 2019, but it clearly states that the two written opinion is not an immediate appeal, and thus the above written opinion is not considered as an immediate appeal). The applicant did not provide a security prescribed by the decision of this case as well as within seven days from the date of confirmation, so the applicant filed a lawsuit for retrial of this case without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act.

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