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(영문) 전주지방법원 2018.11.08 2017나8558
위자료
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

According to the relevant legal principles and Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to provide a security for litigation costs, the court may order the plaintiff to provide a security for litigation costs ex officio, and when the plaintiff fails to provide a security within the period for providing such security, the court may dismiss the lawsuit without holding any pleadings.

In fact, according to the records of this case, the following facts are recognized:

On July 6, 2017, the court of first instance sentenced the court of first instance that all of the claims against the Defendants were dismissed, and the Plaintiff appealed against the judgment of first instance on July 17, 2017.

On October 12, 2017, pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act, the court rendered a decision to order the Plaintiff to deposit KRW 4,00,000 (hereinafter “decision to order the provision of security”) with the content that “the Plaintiff shall deposit KRW 4,00,000 within 14 days from the date on which the decision to provide security was notified” (hereinafter “decision to order the provision of security”). The Plaintiff filed an immediate appeal against the decision to order the provision of security on October 25, 2017, one week after the date on which the decision to provide security was served

On November 30, 2017, this Court ordered the rejection of the plaintiff's immediate appeal on the ground that the plaintiff's immediate appeal was filed after the lapse of the period of the immediate appeal, and the above rejection order was finalized as it is, and thereby the decision of the security order became final and conclusive.

The plaintiff did not comply with the order to provide security until 14 days have passed since then.

Therefore, without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act, all appeals against the Defendants by the Plaintiff are dismissed.

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