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(영문) 서울서부지방법원 2016.04.28 2015가합3020
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On September 18, 2015, the court rendered a decision to provide security to the Plaintiff that “the Plaintiff shall deposit KRW 5,800,000 for the Defendant as security for the costs of this case within 15 days from the date of receiving the notice of this decision.” The Plaintiff appealed, but the court of appeal dismissed the appeal on December 16, 2015 (Seoul High Court 2015Ra1434). The above decision was served on the Plaintiff on December 21, 2015 and became final and conclusive on December 29, 2015. Nevertheless, the fact that the Plaintiff did not provide any security under the above decision as security within the period specified in the above decision as well as until the said decision is pronounced is clear or obvious in the records or is significant in this court.

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

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