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(영문) 서울중앙지방법원 2013.07.12 2012고합1782

강제집행면탈등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

[B] On April 23, 2009, the Seoul Metropolitan City Urban Railroad Corporation (hereinafter “Seoul Urban Railroad Corporation”) published a tender for the “E business” as the Seoul Urban Railroad Corporation’s announcement of 2009-001810 on April 23, 2009, G Co., Ltd. (hereinafter “G”) established by the F (hereinafter “G”) constituted four corporations, including H on July 24, 2009, and responded to the tender, and the Seoul Urban Railroad Corporation selected as a potential concessionaire on the date of the tender.

However, G did not have the ability to pay 74,052,350,000 won for the above E business, and F agreed on August 2009 to transfer all the rights and obligations of G to J, Inc. (hereinafter “J”), and paid 15 billion won for cash deposit to G in the name of J, and paid 59,052,350,000 won for the remainder of 59,052,350,000 won for the cash deposit to be issued by K (hereinafter “K”).

After December 12, 2009, Seoul Urban Railroad Corporation received an audit of E business from Seoul Metropolitan Government, and as a result, Seoul Urban Railroad Corporation notified G of the cancellation of bidding on the grounds of unreasonable and various complaints in the E business implementation process.

Accordingly, the J requested G to return the above 15 billion won to the above E business, but G refused to do so and filed a priority negotiation claim against the Seoul Metropolitan Urban Railroad Corporation (Seoul Eastern District Court 2009Gahap2264).

G won in the above case on May 28, 2010, but the G lost on July 20, 201 in the appellate court (Seoul High Court 2010Na54407).

The J lost G at the appellate court of the claim for confirmation of the status of the preferred negotiating object as above. On August 22, 2011, G as the preserved right, with loans of the above 15 billion won against G as the preserved right, the obligation to return the cash deposit amount of KRW 15 billion which G holds with respect to the Seoul Urban Railroad Corporation.