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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.
Reasons
1. The reasoning of the judgment of the court of first instance citing the reasoning of the case citing the reasoning of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for adding the following judgments, thereby citing it as it is by the main sentence
(In addition, the fact-finding and judgment of the first instance is deemed legitimate after closely examining the evidence submitted additionally in the trial and the testimony and records of the witness in the trial; 2. Additional judgment
A. The gist of the plaintiff's assertion is that D is presumed to have been intentional or negligent by the defendants, the representative director of D, and thus, D shall compensate the plaintiff for property mental damage caused by the above improper execution, since D is presumed to have been negligent in the execution of the provisional seizure.
B. Although a preservative measure such as a provisional attachment or a provisional disposition is executed by the court's judgment, the existence of a substantive claim is entrusted to the lawsuit on the merits and is subject to the creditor's responsibility by vindication. Thus, if the execution creditor loses the lawsuit on the merits after the execution of the preservative measure, it is presumed that the execution creditor was intentional or negligent with respect to the damage incurred by the debtor due to the execution of the preservative measure, and therefore, he/she is liable to compensate for the damage caused by unfair execution (see Supreme Court Decision 98Da52513, Apr. 13, 199). However, where the creditor files a lawsuit on the merits after filing a request for provisional attachment and both parties accept the court's decision in lieu of the conciliation of the debtor, and the decision becomes final and conclusive, the content of the decision shall be deemed that the creditor has no amount to be paid by the debtor to the debtor, and instead, the creditor shall be a counterclaim.