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(영문) 대구지방법원 2020.09.16 2019나325795
손해배상(기)
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

1...

Reasons

1. In the event that the plaintiff has no address, office, or place of business in the Republic of Korea, or it is evident that a claim based on the written complaint, preparatory documents, or other records of trial has no merit, etc., the court may order the plaintiff to provide a security for the costs of lawsuit ex officio (Article 117(1) and (2) of the Civil Procedure Act), and when the plaintiff fails to provide such security within the period for providing the security, the court may dismiss the lawsuit by its judgment

(Article 124 of the same Act). The following facts are identified by the records of this case or significant in this court:

On December 20, 2019, the first instance court sentenced the first instance court to dismiss the Plaintiff’s lawsuit in this case, and the Plaintiff appealed against it on December 23, 2019.

B. On March 31, 2020, pursuant to Articles 117(1) and 120 of the Civil Procedure Act, the court ordered the Plaintiff to deposit KRW 2,886,700 with the security of the costs of lawsuit within 15 days from the date this decision became final and conclusive. The above decision was served on the Plaintiff on April 2, 2020.

The plaintiff appealed against the above decision on the same day, but the Supreme Court decided to dismiss the plaintiff's appeal on July 14, 2020, and the above decision became final and conclusive on the same day.

C. The Plaintiff failed to comply with an order to provide collateral even after 15 days from the date of the above final determination, and even an application for legal aid (Seoul District Court 2020Ka-gu 10030), but was dismissed and finalized on August 28, 2020.

3. Accordingly, we decide to dismiss the Plaintiff’s appeal without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act. It is so decided as per Disposition.

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