(영문) 의정부지방법원 2019.01.25 2018나5080

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(영문) 의정부지방법원 2019.01.25 2018나5080

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.The following facts are, in fact, apparent in the records or significant to this Court:

On August 9, 2018, pursuant to Article 117(2) of the Civil Procedure Act, the court of the first instance ordered the Plaintiff to deposit KRW 2,400,000 with the Plaintiff as security for the costs of lawsuit within 14 days from the date of receiving the notice of this order (hereinafter “instant decision”).

B. On August 13, 2018, the Plaintiff failed to file an immediate appeal after receiving the instant decision, and the said decision became final and conclusive as it is.

However, the Plaintiff did not provide the security stipulated in the instant decision as well as the period of providing the security set forth in the instant decision until the first instance judgment is sentenced.

C. Accordingly, the court of first instance rendered a judgment dismissing the instant lawsuit pursuant to the main sentence of Article 124 of the Civil Procedure Act.

The plaintiff appealed against the judgment of the court of first instance, but has not yet been offered security following the decision of this case.

2. Where it is deemed necessary to offer security for the costs of lawsuit, such as when a claim based on the written complaint for judgment, briefs and other records of trial is clearly groundless, the court may order the plaintiff to offer security for the costs of lawsuit ex officio (Article 117(2) and (1) of the Civil Procedure Act), and where the plaintiff fails to offer such security within the period for providing the security, the court may dismiss the lawsuit by its judgment

(2) Article 124 of the Civil Procedure Act provides that a person who has filed an appeal of this case may file an appeal of this case without holding any pleadings in light of the legislative intent of the main sentence of Article 124 of the Civil Procedure Act, and the court shall dismiss the appeal of this case without holding any pleadings.

3. Conclusion, the judgment of the court of first instance is the same.

참조조문

-민사소송법 제117조 제2항

-민사소송법 제124조

유사 판례

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-창원지방법원 2017.12.14 2017나3837

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