The extent of the effect of the guarantee deposit for the suspension of compulsory execution against the judgment with a declaration of provisional execution.

The guarantee deposit to suspend a compulsory execution against a judgment with a declaration of provisional execution is to secure damages in a case where damages occur due to the suspension of compulsory execution, and cannot be appropriated to the basic claim for compulsory execution. Therefore, only the above right to claim damages has the same right as the pledgee, and it does not affect the basic claim for compulsory execution as a security.

Article 475 of the Civil Procedure Act

[Judgment of the court below]

Seoul Civil District Court Order 79Ma461 Decided February 1, 1979

The reappeal is dismissed.

The grounds for reappeal are examined.

The court below's decision dismissing an appeal based on the purport that the guarantee deposit to suspend a compulsory execution against a judgment with a declaration of provisional execution is to secure damages in a case where damages occur to the creditor due to the suspension of compulsory execution, and it cannot be appropriated to the basic claim for compulsory execution. Thus, only the above claim for damages can have the same right as the pledgee, and that the basic claim for compulsory execution does not affect the effect of the security. The court below's decision is legitimate, and there is no error of law of misunderstanding the legal principles

Justices Kang Jae-hee (Presiding Justice)