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(영문) 서울고등법원 2020.07.09 2019누49740

출국금지처분취소

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the court’s explanation is as stated in the reasoning of the judgment of the court of the first instance, except for adding a new determination of the Plaintiff’s assertion at the time of this case to this court, such as Paragraph 2, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The second sentence of the first instance shall be deleted from the part "the disposition of this case" and "the disposition of this case". < Amended by Presidential Decree No. 2060, Dec. 2, 2010>

In paragraph 2, the following shall be added between seven and six:

d. The Defendant is a disposition extending the period of prohibition of departure from June 11, 2020 to December 10, 2020 against the Plaintiff even on June 4, 2020 during the trial period (hereinafter “instant disposition”).

b)Up to Section 2, in the following column B 1 and 2, the term “17” shall be added to:

The 7th parallel "not later than September 21, 2009" shall be read as "not later than September 21, 2006".

2. Determination on addition

A. The Plaintiff’s additional assertion has no property to escape abroad, contrary to the Defendant’s assertion, since the Plaintiff did not privately use or conceal C’s loans.

Therefore, the defendant's prohibition of departure against the plaintiff without reasonable grounds even though it is not likely to flee property overseas. This is against the principle of proportionality and the principle of excessive prohibition.

(b) Determination 1) Evidence A, Nos. 34, 42, and 43 (including the branch numbers for which the branch numbers exist);

hereinafter the same shall apply.

(A) According to the reasoning of the evidence Nos. 8 and 11 and the entire arguments, C’s real estate security loans can be acknowledged as follows: (a) A created each right to collateral security on its own land and building; (b) obtained each loan from M Co., Ltd. on June 22, 2001; and (c) from N Co., Ltd. on November 17, 2004.

Each maximum amount of debt shall be ten billion won,