손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. In the first instance court, the Plaintiff filed a claim for damages due to the amount equivalent to the interests of the amount of the deposit due to improper provisional seizure, and business loss. The first instance court partly accepted the claim for damages equivalent to the amount equivalent to the interest of the deposit due to improper provisional seizure, and dismissed the claim for damages due to business loss.
In this regard, the plaintiff appealed only for the dismissal of the claim for damages caused by the business loss, and the subject of the judgment of this court is limited to the claim for damages.
2. The plaintiff asserts that the defendant's two provisional seizures (Seoul Western District Court 2014Kadan2091, 2014Kadan52325, hereinafter "the provisional seizure of this case") and provisional seizures are liable to pay the plaintiff a total of five million won consolation money for damages and mental distress caused by the closure of business, in addition to the amount equivalent to the amount equivalent to the interest corresponding to the deposit amount (Seoul Western District Court 2015 Tadan15416, hereinafter "the seizure of this case") upon the application of the seizure and collection order (Seoul Western District Court 2015 Tadan15416, hereinafter "the seizure of this case") and the provisional seizures of this case. Since the business losses caused by the decline in credit rating, such business losses caused by the closure of business, such as the decrease in credit rating, have led to the closure of business.
However, the evidence presented by the plaintiff alone is insufficient to recognize that a business loss, as alleged by the plaintiff, has occurred due to the provisional seizure and the seizure of this case, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim for this part is without merit.
3. In conclusion, the plaintiff's claim for damages caused by the plaintiff's business loss shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.