(영문) 부산지방법원 2017.12.12 2016가단5197



1. The Defendant: KRW 39,353,125 for the Plaintiff and KRW 5% per annum from January 21, 2016 to December 12, 2017; and


1. Basic facts

A. On October 19, 2010, the Plaintiff filed a loan claim lawsuit against C with Busan District Court Decision 2010Kadan81519, and rendered a judgment that “C shall pay to the Plaintiff 24% per annum from March 11, 201 to August 23, 2010, and 20% per annum from the next day to the date of full payment” (hereinafter “the loan judgment of this case”). The above judgment became final and conclusive on December 14, 2010.

B. On March 24, 2015, the Plaintiff, based on the foregoing judgment, issued a collection and seizure order (hereinafter “instant seizure and collection order”) against the amount equivalent to KRW 85,795,08 of the wage claim to be paid, out of the wage claim to be paid for the goods and services, such as industrial goods, etc., the Busan District Court issued by C as Busan District Court 2015TT 7644, and served the Defendant on March 26, 2015.

C. From June 2013 to June 2016, C served as a factory site in E located in Kimhae-si operated by the Defendant, and around July 2014, C requested the Defendant to deposit the benefits into the F’s bank account with the intent to escape compulsory execution upon the Plaintiff’s seizure. Upon C’s request, the Defendant deposited C’s benefits from August 2014 to F’s bank account.

C’s benefits remitted from April 15, 2015 to July 15, 2016, after the issuance of the collection order, to the Defendant from April 15, 2015, to July 15, 2016, to the deposit account in the name of F is the sum of KRW 78,706,250 as indicated in the attached payment order.

E. C, F, and the Defendant were indicted on charges of evading compulsory execution, etc. as above, and on November 8, 2017, F was sentenced to a suspended sentence of one year for six months of imprisonment, C was sentenced to a suspended sentence of one year for one year of imprisonment, C was sentenced to a suspended sentence of two years for one year, and the Defendant was sentenced to a fine of three million won for the said judgment.

(The ground for recognition) The fact that there is no dispute over the Busan District Court 2017 High Court 2070. [The ground for recognition], and Party A 1 through Party A.