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
The first instance court.
1. The reasons for this Court’s explanation concerning this case are the same as the written judgment of the court of the first instance except for the following cases. Thus, this Court’s explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 4, Part 7, prior to the “decision of the provisional seizure of this case,” the following shall be added:
The provisional attachment decision of this case is a provisional attachment of 1.7 billion won (the part against the defendant), which is the debtor, against the defendant who is a third debtor, and it does not provide for the method of calculating the value of co-ownership shares. Rather, the indication of deposited securities to be provisionally seized is stated in the column of "the type of securities: ordinary share (one share price: 500 won)". Thus, the amount calculated on the premise that one share is calculated at KRW 500,000, i.e., the amount calculated on the premise that 1 share is calculated at KRW 500,000,000 (1.7 billion won ± 500 won). Therefore, the provisional attachment decision of this case should be deemed to be subject to provisional attachment of 3.4 billion won (the claimed amount ± 1.7 billion won ± 500 won
"The amount of 1 share: The phrase "the amount of 500 won per share" is not stated in the part of "the size of co-ownership shares of deposited shares", i.e., the amount of shares, etc. to be provisionally seized, but stated additionally as to "type of deposited securities" subject to provisional seizure by indicating that the shares subject to provisional seizure are 'ordinary shares' of F. Therefore, the phrase "the amount of 500 won" is merely related to the specification of the class of shares subject to provisional seizure, and there is no relation with the value calculation of the shares subject to provisional seizure or the number of shares to be provisionally seized; common shares of F.C. are 50 won per share amount; the par value of shares is only the base date for calculating the capital, and there is no relation with the actual value of the shares.
2. The judgment of the first instance court at the conclusion is legitimate, and thus, the Plaintiff’s appeal.