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(영문) 서울서부지방법원 2019.02.21 2018나37288
손해배상등
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

annex.

Reasons

1. The first instance court rejected the instant lawsuit without holding any pleadings for the following reasons:

"The plaintiff did not provide a security within the period prescribed by the order of the court to provide a security for the costs of lawsuit in accordance with Articles 117 and 120 of the Civil Procedure Act."

2. According to the records of this case, although the plaintiff was dissatisfied with the judgment of the court of first instance and submitted a petition of appeal, the plaintiff did not perform his/her duty to provide security as properly stated in the judgment of the court of first instance, and the plaintiff's defect in the lawsuit itself is not clear, and its defect has not been corrected despite the correction order of the court of first instance.

Furthermore, as the purport of appeal and guidance for appeal stated in a petition of appeal and other written documents submitted by the Plaintiff are unclear, the scope of appeal against the judgment of the first instance and the subject matter of appeal by the appellate court cannot be specified.

Even if the pleading is in progress, there is no room for an appellate court to revoke the judgment of the first instance court, and to grant a legal remedy that the plaintiff wants by way of having the appellate court render a judgment on the merits by itself or remanding the case to the first instance court.

Nevertheless, it is not desirable in terms of the economy of litigation if a final judgment on appeal should be made through the oral proceedings, and it may result in the appellant's disadvantage due to the increase in litigation costs, etc.

Furthermore, in the event that the defect is not corrected due to an illegal lawsuit, the court may dismiss the lawsuit without holding any pleadings, taking into account the above aspects of the litigation economy and the protection of the interests of the parties (Article 219 of the Civil Procedure Act). However, in the appellate procedure of the said judgment, even if the defect, which is the reason for the judgment on the retirement without holding any pleadings, has not been corrected,

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