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To Change or Lifting of the Preliminary Injunction
Pursuant to the CCP, the court can lift or change the preliminary
injunction if the person against whom the preliminary injunction was
ordered or executed deposits a guarantee, which shall be accepted by
the court. Besides, it is also possible to lift or change a preliminary
injunction without a guarantee, if it is determined that the circum-
stances are changed. In this case, it is possible to make an objection to
the decision of the court following the above-mentioned procedure. It
is also stated in the justification of the Code that a preliminary injunc-
tion serves to safeguard rights, not to punish or suppress the other
party. For this reason, if the conditions, which made the preliminary
injunction essential, change after the decision to grant it is rendered, it
has to be lifted or changed according to this alteration. Otherwise,
there will be negative results which will be incompatible for protecting
the purpose of preliminary injunction and the balance of benefit of the
parties’.
The Proceedings That Complete a Preliminary Injunction
If a preliminary injunction is granted before filing a lawsuit, the
claimant must file the main lawsuit and receive a document that he
filed the lawsuit within 2 weeks as of the date of his request for a pre-
liminary injunction. Otherwise it is arranged that preliminary injunc-
tion will be released by itself, without a transaction. As the preliminary
injunction is a provisional legal protection, the main claim must be
converted to a lawsuit and submitted to the relevant court within the
shortest time possible.
Unlike the annulled Code No.1086, effective period, or term, of a
preliminary injunction is stated in the CCP. Accordingly, a preliminary
injunction will remain in effect until the final decision of the court is
rendered.
Unjust Injunction and Compensation
The party in whose favor a preliminary injunction is granted is
obliged to indemnify the damages resulting from an unjust preliminary
injunction where the preliminary injunction is determined to be unjust,
or the rescission of the injunction occurs or a rescission of the injunc-
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NEWSLETTER 2014