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(영문) 서울서부지방법원 2020.05.22 2020가단905
부당이득,범죄수익/증표 등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Facts recognized;

A. On March 26, 2020, the court ordered the Plaintiff to deposit KRW 1 million for each of the Defendant as security for the instant litigation costs within seven days from the date of receiving the notice of the order.

B. The Plaintiff did not deposit within seven days from the date of receipt of the above decision and before the date of this decision.

[Grounds for Recognition] Cleared Facts in records, significant facts in this Court, the purport of the whole pleadings

2. Relevant Civil Procedure Act provisions

A. Article 117(1) of the Civil Procedure Act provides, “Where it is deemed necessary for the Plaintiff to provide security for the costs of lawsuit, such as when the claim is obviously groundless due to (a) or written complaint, briefs, or other records of trial, the court shall order the Plaintiff to provide security for the costs of lawsuit, upon the Defendant’s request,” and “in the case of paragraph (1), the court may order the Plaintiff to provide security for the costs of lawsuit ex officio in the case of

B. Article 120 of the Civil Procedure Act provides, “The court shall determine the amount of security and the period for providing security in the decision ordering the provision of security.”

C. Article 124 of the Civil Procedure Act provides, “When a plaintiff fails to provide a security within the period for providing such security, the court may dismiss the lawsuit by its judgment without holding any pleadings: Provided, That the same shall not apply where a security is provided prior to the judgment.”

3. In light of the facts acknowledged under the above Paragraph 1 and the provisions of the Civil Procedure Act related to the above Paragraph 2, this court may dismiss the lawsuit against the Defendants by judgment without holding any pleadings.

4. Conclusion, the Plaintiff’s lawsuit against the Defendants is dismissed in entirety, and it is so decided as per Disposition.

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