Main Issues

In case where the creditor attaches the property of a third person, other than the debtor, for which the execution was delegated by the creditor, the creditor's liability for damages.

Summary of Judgment

In addition to the seized facts, it is required that the creditor has an intentional negligence in addition to the seized facts, if the creditor is liable for damages of a third party caused by the seizure of the property of a third party other than the debtor.

[Reference Provisions]

Article 750 of the Civil Procedure Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant

Judgment of the lower court

Jeonju District Court Decision 67Na198 delivered on November 17, 1967

Text

The appeal is dismissed.

Reasons

The judgment on the grounds of appeal by the plaintiff. The court below is just in rejecting the plaintiff's claim for damages on the ground that there was no evidence to acknowledge the fact that the non-party witness's testimony of the non-party witness of the lawsuit did not recognize the fact that the non-party witness was entrusted with execution, even though he did not know that the non-party's testimony of the non-party witness of the lawsuit was owned by the plaintiff in advance, and did not recognize the fact that the defendant did not own the property of a third party, but did not know that it was owned by a third party in a compulsory execution or that it was owned by a third party. The court below did not err in the misapprehension of law since the plaintiff's previous testimony of the non-party witness's testimony of the non-party witness of the lawsuit against the defendant in the lawsuit against the third party after the compulsory execution, and it did not err in the misapprehension of law.