A secured party who seizes a guarantee deposit and is fully paid such deposit may file an application for the cancellation of security on behalf of the secured lender.

A secured party who seizes a guarantee deposit and is fully paid such deposit may file an application for the cancellation of security on behalf of the secured lender.

Article 475(3) of the Civil Procedure Act, Article 15 of the Civil Procedure Act

A

B

Daegu High Court Decision 71Ka14 delivered on February 19, 1971

The reappeal is dismissed.

The Re-Appellant's ground for reappeal is examined.

According to the records and the reasoning of the decision of the court below, with respect to the other party's claim for divorce and consolation money against the Re-appellant, the respondent's compulsory execution based on the executory exemplification of the judgment of the Daegu District Court 70D7,58 case, Daegu District Court 71Ka47 and 58 case, which was the first instance court's judgment, shall deposit KRW 50,000 won as the guarantee and suspend compulsory execution. However, in the above case, the other party was awarded a favorable judgment of the court below in favor of the court below, and the other party may file an application for the cancellation of the security on behalf of the secured party. Thus, the other party as the secured party is just in the court below's decision of revocation of the security, and it is not possible to recover even if the respondent's judgment was rendered in favor of the other party after the cancellation of the security was pending in the Supreme Court, and this is not a ground for re-appeal.

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

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)