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(영문) 인천지방법원 2016.09.08 2016고단520
강제집행면탈
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who served as the representative director of C, a corporation exporting fishery products, such as active fish, to a foreign country from July 19, 2010 to February 25, 2014.

The Defendant, as the representative director of C, agreed to pay KRW 34,159,030 for air freight from November 26, 201 to December 23, 201, which is an international logistics brokerage company, to pay KRW 34,159,030 for air freight, but failed to comply therewith, the Defendant filed an application for provisional seizure against C with the Seoul Western District Court on February 23, 2012, and filed a lawsuit against the Seoul Western District Court on June 1, 2012.

On August 30, 2012, one T&S filed an application for provisional attachment against C on August 30, 2012, in addition to the Ilyang Electrical Co., Ltd., and also filed a lawsuit against B on the application for provisional attachment or the payment of transportation fee.

The Defendant was willing to evade compulsory execution by establishing a separate corporation called C with the funds of C, which is a stock company, by transferring the major employees and major customers of C, as they are.

On September 7, 2012, the Defendant established a corporation called “stock company D” by paying KRW 100,000,000 of the established capital with the funds of C and by acquiring all shares issued by the Defendant and taking office as the representative director, and transferred to D, E, H, I, J, K, and L, which are major workers, and major business partners.

The Defendant may not make a compulsory execution against C by transferring the right of expectation that the principal business partners of C may receive the goods continuously from the business partners by transferring them to D.

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