The costs of appeal are assessed against the defendant.

The lower court acknowledged the following facts: (a) in accordance with the instant provisional disposition order as to the dredging vessel of this case, the enforcement officer affiliated with the Gwangju District Court laid the Plaintiff’s possession at Naju City, received the instant dredging vessel and kept it to the creditor; (b) the enforcement officer affiliated with the Gwangju District Court Branch Branch, upon the creditor’s application for transfer of the place of seizure, moved the instant dredging vessel to YY-gun and again stored it again to the creditor; (c) while the dredging vessel of this case was kept on the land at the bottom of August 28, 2012, the instant dredging vessel was kept on the land at the glass window due to the influence of typhoon Bos, and caused water-based and flood by its windows.

Then, based on its stated reasoning, the lower court determined that, despite the duty of care to determine the possibility of flooding of the dredging vessel due to the shape of the dredging vessel of this case, typhoons, the course of typhoons, morals and wind direction, and the impact of typhoons, the lower court neglected the duty of care to examine and determine the possibility of flooding of the dredging vessel.

In addition, in the case of a provisional disposition prohibiting the possession or transfer of construction machinery, in principle, an execution officer has a duty of care to check that the object is not destroyed or damaged until the provisional disposition is invalidated because the provisional disposition is transferred to the main execution or the provisional disposition is revoked, etc.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the duty of good manager in its judgment, thereby failing to exhaust all necessary deliberation. There was no error in the misapprehension of legal doctrine on the creditor’s deposit contract under an agreement with the enforcement officer, the relationship between the creditor’s deposit contract for storage, the liability of indirect occupant and the liability for non-joint and several liability

Therefore, the appeal is therefore filed.