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(영문) 서울서부지방법원 2019.02.21 2018나37332
손해배상등
Text

1. The appeal of this case shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

purport, purport, and.

Reasons

1. The court of the first instance rejected the instant lawsuit without holding any pleadings, deeming that the instant lawsuit was unlawful and thus cannot be corrected for the following reasons.

According to the records of this case, this Court decided July 5, 2017, pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act.

() Within seven days from the date of receipt of the order with respect to the Plaintiff, the order was issued to deposit KRW 10 million as security for the instant litigation costs. On July 14, 2017, the Plaintiff filed a complaint with respect thereto, and the appellate court partially accepted the Plaintiff’s complaint on November 29, 2017, and rendered a decision that “the part ordering the Plaintiff to provide security exceeding KRW 3,967,020 among the first instance decisions is revoked” (this Court Decision 2017Ra1059), and the Plaintiff did not file a reappeal on December 11, 2017, and the said decision became final and conclusive as it becomes final without filing a reappeal, and it is recognized that the Plaintiff failed to provide security for the instant lawsuit after seven days from receipt of the above decision, until the appellate court issues this decision, and that the Plaintiff’s claim and the Defendants’ claim cannot be deemed to have been subject to specific legal grounds and obligations for removal of the pertinent goods, as the result of the Plaintiff’s non-performance of the claim’s claim and the specific grounds for the Defendants’ claim.

2. According to the records of this case, the plaintiff was dissatisfied with the judgment of the court of first instance and submitted a petition of appeal, but did not perform an order to provide security as well as an order to provide security as the court of first instance properly states.

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