1. The plaintiff's appeal shall be dismissed.

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

The purport of the claim and the appeal.

Facts of recognition

According to the records of this case, the following facts can be acknowledged.

The plaintiff filed an appeal against the judgment of the court of first instance, and did not affix stamps to the petition of appeal.

On February 12, 2019, the court official ordered the Plaintiff to make a correction of “the payment of stamp within seven days from the date of service of the order of correction,” and the said order was served on the Plaintiff on February 19, 2019.

On February 19, 2019, the Plaintiff applied for a legal aid against the stamp in the petition of appeal, but the decision to dismiss the said petition became final and conclusive on April 14, 2020.

On the other hand, the petition of appeal of this case was served on April 16, 2019 to the defendant.

Judgment

In case where the stamps under the provisions of Acts are not attached to the petition of appeal, the presiding judge of the original instance may order the court official, etc. to revise the defects within a reasonable period designated by the court official, and when the appellant fails to correct the defects within the said period, the presiding judge of the original instance shall dismiss the petition of appeal by order (Article 399(1) and (2) of the Civil Procedure Act). In case where the presiding judge of the original instance has not rejected the petition of appeal pursuant to the above provisions, the presiding judge of the appellate instance shall dismiss the petition of appeal by order (Article 402(2) of the Civil Procedure Act). According to the above facts, the plaintiff did not affix the stamps under the provisions of Acts in the petition of appeal, and failed to comply with the order of correction of the court. Thus, the plaintiff's appeal is unlawful; the first presiding judge of the appellate court did not dismiss the petition of appeal; and when relations between the appellate court and the parties exist between the appellate court and the parties, the presiding judge of the appellate court shall not independently dismiss the petition of appeal (see, etc. 9, 509, 509, e.

In conclusion, according to Articles 408 and 219 of the Civil Procedure Act, the plaintiff's appeal shall be dismissed without pleading.