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 why this court shall explain this part of the basic facts are the same as the reasons stated in Paragraph 1 of the part concerning the judgment of the court of first instance, and thus, they shall be quoted in accordance with the main sentence of Article 420

2. The summary of the plaintiff's assertion is false assertion that the defendant has a claim of KRW 1180 million against the plaintiff, and the provisional seizure of this case was decided, and the above judgment became final and conclusive upon receiving the judgment against the plaintiff after having filed a lawsuit on the merits against the plaintiff.

The Plaintiff, due to the Defendant’s improper provisional seizure, suffered damages of KRW 40,572,602, which is the amount equivalent to the interest at the statutory rate from the time of execution of the provisional seizure of this case to the time of cancellation of the registration of the provisional seizure of this case (=110,80,000 won x 5% x 5% x 251 days (from November 17, 2017 to July 11, 2018) / 365 days), which is the amount equivalent to the interest at the statutory rate, from the time of execution of the provisional seizure of this case to the time of cancellation of the registration of the provisional seizure of this case. Such damages are ordinary damages with proximate causal relation with the provisional seizure of this case, the Defendant

3. The reasoning for this Court’s explanation is as follows: (a) Section 2-B of the judgment of the first instance except for adding the following to the first part of Section 2-C of the judgment of the first instance; and (b) Section 420 of the Civil Procedure Act is cited as it is.

Where a provisional attachment is executed on a monetary claim of a debtor of provisional attachment due to an unfair preservative measure, the creditor of the provisional attachment is liable for damages arising from the debtor of the provisional attachment who has not received the claim at time as ordinary damages, and the amount of such damages shall be the amount equivalent to the interest for delay in accordance with the ratio of 5% per annum as prescribed in the Civil Act to the amount of the claim provisionally seized (see Supreme Court Decision 98Da3757, Sept. 3, 199). However, where the provisional attachment is executed on the plaintiff's real estate as in this case, the creditor of the provisional attachment shall be liable for the real estate due to the provisional attachment during the period in which