손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Basic Facts
The plaintiff who operates a driving school business, etc. is employed by Defendant A as the plaintiff instructor.
As the defendant Korean management Academy, Inc. (hereinafter "the defendant Korean management"), which is a competition institute, moved to the defendant Korean management Academy (hereinafter "the defendant Korean management"), the claim for penalty against the defendant A as the claim for damages against the defendant, ① the debtor as the Seoul Central District Court 2012Kadan4653, filed an application for provisional seizure of the claim against the defendant A and the third debtor as the defendant's management, and deposited the cash amount of KRW 19 million as security on November 29, 2012, and ② the debtor as the Seoul Central District Court 2012Kadan4654, filed an application for provisional seizure of the claim against the defendant A and the third debtor as the Han Bank, the Korean National Bank, and the New Bank, and deposited KRW 9 million in cash as security on November 30, 2012.
On December 3, 2012, the court accepted the application for provisional seizure of each of the above claims.
On December 12, 2012, the Plaintiff filed a lawsuit seeking penalty against Defendant A, and the first instance court (Seoul Central District Court Decision 2012Gahap104156 Decided December 19, 2013) rendered a judgment in favor of the Plaintiff, but the appellate court (Seoul High Court Decision 2014Na736 Decided November 14, 2014) partially accepted Defendant A’s appeal and rendered a judgment in favor of the Plaintiff, and the said judgment in favor of the Plaintiff became final and conclusive in the final appeal (Supreme Court Decision 2014Da84923 Decided March 12, 2015).
On June 2, 2015, the Plaintiff filed an application for the exercise of rights and the cancellation of security under Article 125(3) of the Civil Procedure Act to recover the total amount of KRW 28 million deposited as security of provisional seizure of claims upon the completion of the said lawsuit (i.e., KRW 19 million; hereinafter referred to as “instant deposit”).
Accordingly, on June 24, 2015, the court sent a peremptory notice to Defendant A to exercise the right as a secured right holder within seven days from the date of service.
Defendant A served a written peremptory notice on June 29, 2015 and July 6, 2015.