[담보취소][미간행]
In cases where the cause of security provided to suspend compulsory execution by a judgment with a declaration of provisional execution ceases to exist as the requirements for cancellation of security;
Article 125(1) of the Civil Procedure Act
KT Co., Ltd. (Bae, Kim & Lee LLC, Attorneys Kim Jong-tae, Counsel for the plaintiff-appellant)
Korea Music Copyright Association, an incorporated association
Supreme Court Decision 201Kama117 Decided April 29, 201, the applicant's security deposit with the deposit officer of the Seoul Central District Court No. 8608 on April 29, 2011 is revoked.
The term "requirements for cancellation of a security" means that the necessity of a security becomes unnecessary because the act of a person who provided a security temporarily allowed by providing a security becomes final and conclusive in favor of him/her in subsequent procedures. Therefore, in the case of a security provided to suspend compulsory execution by a judgment of provisional execution, if the judgment in favor of the person who provided the security becomes final and conclusive in the subsequent litigation procedures, or if such can be seen, the cause
According to the records, the Supreme Court accepted the applicant’s application with respect to the case of suspending compulsory execution between the applicant and the respondent, and rendered a decision that “the compulsory execution based on the original judgment rendered by the Seoul High Court Decision 2010Na48266 Decided a provisional execution between the applicant and the respondent shall be suspended until the Supreme Court Decision 2011Da15209 Decided April 29, 201, on the condition that the applicant deposit KRW 20 million with the Seoul High Court Decision 2011Da15209 Decided a provisional execution.” The applicant deposited KRW 20 million with the Seoul High Court Decision 201Da15209 Decided April 29, 201 (hereinafter “instant security”). The Supreme Court accepted the applicant’s appeal with respect to the above case, and reversed the judgment of winning the Seoul High Court Decision 2010Na48266 Decided a final and conclusive judgment from the Seoul High Court or the Supreme Court Decision 2013Na45129 Decided December 19, 2019
According to the above facts, since the applicant obtained a final and conclusive judgment in favor of the principal case, the reason for the security of this case was extinguished, and therefore, the application of this case seeking the cancellation of the security of this case is reasonable.
Therefore, we decide to accept it under Article 125(1) of the Civil Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee In-bok (Presiding Justice)