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| TITLE | Supreme Court Decision 2020Da242935 Decided June 1, 2023 【Lawsuit Claiming Damages】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] In a case where, after the execution of preservative measures such as provisional seizure or provisional disposition, an execution creditor lost its case on the merits and the judgment became final and conclusive, whether the execution creditor is presumed to have acted intentionally or negligently in causing the loss incurred by the debtor due to the execution of preservative measures (affirmative in principle) In a case where a creditor asserted an excessively higher claim amount than its rightful amount in the filing of an application for provisional seizure, and an attachment order was issued based on the amount asserted by the creditor, whether the creditor is presumed to have acted intentionally or negligently within the scope of the part of the claim for which the creditor was found not to be entitled to a preserved right in the litigation on the merits (affirmative) In a case where having a creditor compensate the entire damage incurred by the debtor due to the execution of provisional seizure goes against the concept of equity, whether the creditor’s liability for damages may be restricted (affirmative) [2] Whether it falls within the prerogative of the fact finding court to find facts constituting the grounds for limiting liability or fix a ratio of liability concerning damages in tort cases (affirmative in principle) | |
