1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

According to the provisions of Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer a security for the costs of lawsuit, such as when a claim is not sustainable due to a complaint, briefs and other records of trial, the court may order the plaintiff to offer a security for the costs of lawsuit ex officio, and if the plaintiff fails to offer a security within the period for providing such security, the court may dismiss the lawsuit by its judgment

The Plaintiff filed a lawsuit for retrial on December 8, 2014. The court rendered a ruling on the provision of litigation costs under Articles 117(2) and 120(1) of the Civil Procedure Act to order “to deposit KRW 5,00,000 within seven days from the date of receipt of the notification of this order” on the grounds that the provision of lawsuit costs is necessary on March 31, 2016. The said ruling on the provision of litigation costs was served on the Plaintiff on April 19, 2016, but filed a reappeal with the Supreme Court Decision 2015Ma5311 Decided May 10, 2016. The Supreme Court rendered a ruling on the rejection of the Plaintiff’s reappeal on July 25, 2016 to the effect that the said ruling on the provision of litigation costs became final and conclusive as is, and the fact that the Plaintiff did not provide the same to the court during seven days after being served with the said Supreme Court on July 28, 2016.

Therefore, without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.