The judgment of the court of provisional execution which was revoked by the judgment of the court of second instance, but the main lawsuit case is not final and conclusive as the filing of a final appeal, and the security ground provided to suspend provisional execution

As long as the judgment of the provisional execution sentence was revoked as the judgment of the second instance, even if the principal case lawsuit has not yet become final and conclusive as the filing of an appeal, the security deposited in order to suspend compulsory execution should be extinguished.

Article 115 of the Civil Procedure Act

Maximum Republic of Korea

More than the title

Seoul High Court Decision 63Ka60 delivered on April 9, 1963

The appeal is dismissed.

The gist of the reason for the appeal in this case was that the appellant started compulsory execution by receiving a favorable judgment from the same court with respect to the case of claim such as consolation money, etc., and the other party deposited 70,000 won as a security of the appellant in order to suspend the above compulsory execution. The lawsuit on the merits is pending in the Supreme Court due to the appellant's appeal, and it was not yet finalized, but the original decision for the cancellation of security was unlawful.

Reviewing the record, the court below acknowledged the fact that the above judgment of the court of first instance was revoked in the Seoul High Court due to the other party's prosecution and the appeal (the plaintiff)'s claim was dismissed, and it can be confirmed that the above judgment of the court below revoked the compulsory execution disposition by the original copy of the judgment of the court of provisional execution, and the court below can confirm the fact that the judgment of the court below revoked the above judgment of the court of provisional execution. As long as the judgment of the court of provisional execution was revoked as the judgment of the court of second instance, even if the main case was not confirmed as the appeal filing, even if the main case was not determined as the appeal filing, the ground

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

The judges of the Supreme Court, two-dimensionals (Presiding Judge) Dog-Jak and Magman Mag-man Mag-Mabri