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(영문) 전주지방법원 2016.02.17 2014나5060
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,981,534 as well as to November 2012.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus cite it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the claim

A. 1) Although a preservative measure such as provisional attachment or provisional disposition is to be executed by the court's judgment, the existence of substantive claim is entrusted to the lawsuit on the merits and solely under the creditor's responsibility. Thus, if the execution creditor becomes final and conclusive after the execution of the preservative measure in the lawsuit on the merits, it is presumed that the execution creditor has intention or negligence with respect to the damage inflicted on the debtor due to execution of the preservative measure. Therefore, the execution creditor is liable for compensating for the damage caused by unfair execution (see, e.g., Supreme Court Decision 2012Da34764, Aug. 23, 2012). However, as the defendant lost against the plaintiff in the lawsuit on cancellation of the registration on the transfer of ownership of the automobile against E, and the decision on provisional disposition in this case was revoked by the plaintiff's objection. In full view of the circumstance leading up to the conclusion of the sales contract between the defendant and E, the process of purchasing the automobile in this case between the plaintiff and the defendant, and the progress in the lawsuit on the merits, the defendant's assertion that the defendant did not exist.

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