The meaning of a security to suspend compulsory execution against a judgment with a declaration of provisional execution.

Security for the suspension of compulsory execution against a judgment with a declaration of provisional execution is to secure the damage claim in case the creditor suffers damages by itself due to the suspension of compulsory execution.

Articles 474 and 473(1) of the Civil Procedure Act

Applicant

Captain applicant

Respondent

The security of KRW 1,500,000 deposited on November 4, 1985 by an applicant for a case of applying for a suspension of compulsory execution against a party member shall be revoked.

According to the records, the security of the text is the deposit which the applicant provided for the suspension of compulsory execution while filing an appeal against the appellate court's judgment that declared provisional execution. The above appellate court's judgment becomes final and conclusive by dismissal of the applicant's application for a final appeal against this. It is clear that the respondent applies for a final decision on the amount of litigation costs against the respondent who was a party member upon the request of the applicant and for provisional seizure of the applicant's claim against the State for the exercise of its right.

However, the security for the suspension of compulsory execution against a judgment with a declaration of provisional execution is to secure the damage claim in a case where the creditor suffers damage by itself due to the suspension of compulsory execution. Therefore, the above claim by the respondent, the secured right holder, cannot be viewed as a legitimate exercise of the right.

Therefore, since the respondent did not exercise the right within the maximum period against the notice of the exercise of the right of this case, the decision is delivered with the assent of all Justices who reviewed the cancellation of the security in the text.

Justices Lee Jin-hun (Presiding Justice)