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(영문) 서울중앙지방법원 2014.04.04 2013고단6162

강제집행면탈

Text

Defendants are innocent.

Reasons

1. Defendant A is the representative director of the F Co., Ltd. (hereinafter “F”), Defendant B is the representative director of the F Co., Ltd. (hereinafter “G”) and the representative director of the G Co., Ltd. (hereinafter “H and I”).

The injured party J borrowed KRW 500 million from L Co., Ltd (hereinafter referred to as “L”) upon the request of K to lend money around 2008, and loaned KRW 1 billion to K, and then received a check of the number of units equivalent to KRW 500 million per face value issued from F on the pretext of the repayment.

After the victim received a demand for reimbursement of KRW 500 million from L, the victim tried to pay the above check by delivering it to L, but the above check was rejected, and the victim paid a separate amount of KRW 500 million and received delegation of all civil and criminal authority pertaining to the above check from L.

After all, the victim filed a civil lawsuit against F such as claiming payment of the amount equivalent to the above check amount, and filed an application for provisional attachment against 50,000 common shares issued by A.I. Entertainment (hereinafter "A.I.D.") in F's name. On June 17, 2008, the Seoul Central District Court 2008Kadan4415 decided to attach the above shares. The victim notified the defendant B of the provisional attachment on October 10 of the same year, and the notification reached the defendant B on the 13th of the same month.

From October 13 to 14, 2008, the Defendants conspired to conceal the above shares by way of false transfer from F to G, with the knowledge that Defendant A had the victim bear the obligation of KRW 500 million at the face value of the said shares, thereby being forced to enforce execution against the said shares.

Therefore, the Defendants are likely to be subject to compulsory execution at the F Office located in Gangnam-gu Seoul Metropolitan Government M on the 14th day of the same month.