손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3...
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion is merely a management of the defendant's assets without receiving any consideration, and there was no contract with the defendant to receive certain management fees in return for the management of deposit and withdrawal of funds for investment, risk management, collection of principal and interest, etc. as alleged by the defendant. Although there was no fact that the defendant acquired money by deception in collusion with C, the defendant was unfairly subject to the provisional seizure of each of the plaintiff's assets, and then the lawsuit against the plaintiff was rendered final and conclusive judgment against the defendant.
Therefore, the defendant is liable for compensating the plaintiff for the damages, since the defendant caused the loss to the plaintiff due to improper provisional seizure execution as follows.
1) Suwon District Court 200 million won, provisional seizure (amounting to 200 million won) of real estate (amounting to 200 million won) of Suwon District Court 201Kadan101388, Jun. 16, 2011, which was the date of the provisional seizure, until January 13, 2014, the date of the provisional seizure cancellation registration, 25,835,616 won (2) Suwon District Court 201Kadan101389 (Deposit Claim Amounting to 130 million won) provisional seizure (amount to 140,000,000 won), which was calculated by the annual rate of 5% from June 21, 2011 to October 13, 2011, the provisional seizure order of KRW 300,000 won (amount to KRW 130,000,0000,000,000 won) which was calculated by the provisional seizure order of KRW 314130,303137.
B. The determination of preservative measures such as provisional attachment or provisional disposition 1 is the confirmation of whether the preserved right is actually existing, and it is only the litigation on the merits.