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(영문) 서울고등법원 2017.06.14 2016나2049120
손해배상(기)
Text

1. The decision of the court of first instance, including the plaintiff's claim expanded by this court, is the reduction of the claim in this court.

Reasons

Basic facts are stated in this part of the reasoning of the judgment of the court of first instance, except that "Evidence B through B, 11, 13, 14, and 17" is "Evidence B through B, 8, 11, 13, 13 through 17" in the part of the grounds for recognition under paragraph (1) of the reasoning of the judgment of the court of first instance (as stated in the main sentence of Article 420 of the Civil Procedure Act) is the same as stated in Paragraph (1) of the same Article.

Since the plaintiff's assertion that the plaintiff's claim is liable for damages caused by unfair provisional seizure has lost the plaintiff's claim in the preceding lawsuit of this case, which is the lawsuit of this case, after execution of provisional seizure against the plaintiff's deposit claim, the defendant is liable for compensation for damages

In addition, even if there is a collection order prior to the provisional seizure, the provisional seizure remains effective until the provisional seizure is cancelled, so the termination period of damages due to unfair provisional seizure is the time when the provisional seizure is cancelled by the withdrawal of the application and the request for cancellation of execution.

In the prior suit of the Defendant’s assertion, the issue was whether “it is possible to transfer only the right to claim distribution of residual property before becoming a specific right, separately from the shareholder’s right,” which is a matter of legal interpretation and evaluation. Therefore, even if the judgment against the Defendant was final and conclusive in the prior suit of the instant case, it is difficult to deem that there was an intention or negligence on the part of the Defendant regarding the execution of each provisional attachment as the right to

Even if the defendant's liability for damages is acknowledged, the scope of damages shall be the amount calculated by deducting the deposit interest amount arising from the deposit claim from the amount equivalent to the interest on arrears calculated at the rate of 5% per annum for the amount of the deposit claim provisionally seized by the defendant, and if it is transferred to the original seizure by the seizure and collection order, it shall be

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