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(영문) 춘천지방법원 2019.09.04 2019나405
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. According to the relevant legal principles and Articles 117 and 124 of the Civil Procedure Act, in a case where it is deemed necessary to offer security for costs of lawsuit, the defendant's application or the court's ex officio may order the plaintiff to offer security for costs of lawsuit, and when the plaintiff fails to offer such security within the period for providing security, the court may dismiss

2. On August 7, 2018, pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act, the first instance court rendered ex officio a ruling to provide the Plaintiff with the security of lawsuit costs that “the deposit of KRW 1.4 million is ordered within 30 days from the date of receiving the notification of this order as a security for the lawsuit costs.” On August 8, 2018, the Plaintiff received the notification of the above security. The Plaintiff failed not provide the security not only within the period prescribed in the above security decision, but also until the date of rendering a judgment in the first instance court on April 5, 2019. The fact that the first instance court dismissed the instant lawsuit without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act on April 5, 2019 is clear.

3. In conclusion, the judgment of the court of first instance which dismissed the lawsuit of this case on the ground that the plaintiff did not provide a security in accordance with the above decision of offering security is justifiable, and the plaintiff's appeal is dismissed

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