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TITLE | [Damages(Gi)]Supreme Court Decision 2006Da24872 Decided February 26, 2009 [full Text] |
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Summary | |
[1] Whether an intentional or negligent creditor of improper provisional attachment is liable for any damage incurred by a third party due to the execution of the provisional attachment (affirmative) [2] A creditor of provisional attachment is liable for any damage incurred by a third party due to the execution of the provisional attachment if the creditor of provisional attachment filed an application for provisional attachment of the deposit claim in the name of the third party alleging that it actually belonged to the debtor and the provisional attachment was ordered on that basis and then executed. |