(영문) 부산지방법원 2017.12.01 2016재나214

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Reasons

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자간(%)

(영문) 부산지방법원 2017.12.01 2016재나214

용역비

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The following facts are apparent or apparent in the process of the first instance trial and the judgment subject to a retrial.

The Plaintiff filed a lawsuit against the Defendant for the payment of management expenses as Busan District Court Decision 2014 Ghana34126, and the said court rendered a judgment of the first instance court that dismissed the Plaintiff’s claim on September 23, 2014.

B. Accordingly, the Plaintiff was dissatisfied with the judgment of the first instance court and appealed as Busan District Court 2014Na15924. On April 24, 2015, the said court accepted the Plaintiff’s appeal partially and revoked the part of the judgment of the first instance and rendered a final judgment and rendered a judgment of partial winning the Plaintiff’s judgment that “the Defendant shall pay to the Plaintiff 1,690,420 won and 1,607,360 won, which is calculated at the rate of 5% per annum from February 28, 2014 to April 24, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment subject to final judgment”). On May 19, 2015, the said judgment became final and conclusive as is.

C. The Defendant filed a lawsuit for a retrial on the judgment subject to a retrial with Busan District Court Decision 2015Na57, but the said court rendered a judgment dismissing the Defendant’s lawsuit for retrial on October 8, 2015 (hereinafter “ judgment subject to a retrial”) and the said judgment became final and conclusive on November 3, 2015.

The Defendant filed a lawsuit for a retrial on the judgment in the first and second retrials as Busan District Court Decision 2015Na224, and on July 21, 2016, the said court rendered a judgment dismissing the Defendant’s lawsuit for retrial (hereinafter “instant judgment subject to retrial”), and on August 11, 2016, the said judgment became final and conclusive.

2. Determination

A. According to Articles 117 and 124 of the Civil Procedure Act, in a case where it is deemed necessary to offer the security for the costs of lawsuit, the court may order the plaintiff to offer the security for the costs of lawsuit ex officio, and in a case where the plaintiff fails to offer the security within the period for providing the security, the court may dismiss the lawsuit without holding any pleadings, which is subject to Article 45

참조조문

-민사소송법 제117조

-민사소송법 제124조

-민사소송법 제455조

유사 판례

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