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(영문) 창원지방법원 2019.05.21 2017가단4266
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Obligation to offer litigation costs as security:

A. On March 13, 2018, pursuant to Articles 117, 120, and 122 of the Civil Procedure Act, the instant court rendered a ruling that “the Plaintiff shall order the deposit of KRW 18,600,000 as security for the costs of lawsuit until April 5, 2018,” and the said ruling was served on the Plaintiffs’ legal representative on March 16, 2018.

B. The Plaintiffs appealed on March 19, 2018, and the appellate court (the Changwon District Court 2018Ra67) rendered a decision to dismiss the Plaintiffs’ appeal on March 6, 2019, and the said decision was served on April 11, 2019 and became final and conclusive on April 25, 2019.

C. The plaintiffs up to now.

The court did not provide security for the costs of lawsuit following the decision mentioned in the paragraph.

2. The Plaintiffs were notified of the decision ordering the provision of security of litigation costs as above and did not provide such security within the period of time after such decision became final and conclusive.

Therefore, pursuant to the main sentence of Article 124 of the Civil Procedure Act, the lawsuit of this case shall be dismissed without holding any pleadings. It is so decided as per Disposition.

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