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(영문) 대구지방법원 2015.11.19 2015나305694
이익금
Text

1. The appeal of this case shall be dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

According to the provisions of Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer a security for litigation costs, such as when a claim based on a written complaint, briefs and other records of trial is clearly groundless, the court shall, upon a motion of the defendant, order the plaintiff to offer a security for the litigation costs, and the court may dismiss the lawsuit by its judgment without holding any pleadings, if the plaintiff fails to offer a security

According to the records, on October 13, 2015, the court rendered a decision on the provision of litigation costs (2015da1590) that ordered the Plaintiff to deposit KRW 2,935,00 as security for litigation costs within 14 days from the date of receiving the notice of such decision upon the Defendant’s request, and the Plaintiff was unable to file an immediate appeal on October 14, 2015, and the said decision on the provision of litigation costs became final and conclusive because the Plaintiff did not file an immediate appeal even after receiving the above decision on the provision of litigation costs. Nevertheless, the fact that the Plaintiff failed to provide the security not only within the period prescribed in the above decision on the provision of litigation costs

Therefore, pursuant to Article 408 and the main text of Article 124 of the Civil Procedure Act, the appeal of this case shall be dismissed without holding any pleadings, and it is so decided as per Disposition.

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