beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
On April 28, 2015, the Plaintiff (hereinafter “Defendant 2”) obtained a loan of KRW 22,90,000 from the Efranchising passenger vehicle purchase fund in the office of Suwon Branch Office D Co., Ltd., the Plaintiff agreed to repay the said loan to the victim company for 36 months each month by 1,010,798, respectively. On April 30, 2015, the Plaintiff established a lower-class right against the said passenger vehicle as the victim company as the one with lower-class right, and the bond value of KRW 14,60,000.
After that, the defendant delivered the car to F, a creditor of the defendant, with the bond security.
Accordingly, the defendant concealed the defendant's passenger car which is the object of the right to collateral security of the victim company so that it can not identify the location of the defendant's car, thereby hindering the victim
The Seoul Eastern District Court convicted the Plaintiff of interference with the exercise of rights on August 23, 2017 and sentenced the Plaintiff to six months of imprisonment (Seoul East Eastern District Court Decision 2017Ma546, hereinafter “the first instance judgment”). The Plaintiff appealed, but the Seoul East Eastern District Court dismissed the appeal on November 23, 2017 on the ground that the Plaintiff did not submit a written reason for appeal within the submission period (Seoul East Eastern District Court Decision 2017No. 1260), and the Supreme Court rejected the reappeal on February 13, 2018 (Supreme Court Decision 2017Mo3393). [Judgment 2017Mo393] The Plaintiff did not have any ground for recognition], and the Plaintiff did not have any dispute over the Plaintiff’s request for the purchase of a motor vehicle under the name of the Defendants, including the Plaintiff’s number and number in its entirety, and the purport of the Plaintiff’s request.
Since then, the Plaintiff was promised to transfer the name to Defendant B as agreed by the Defendants, but the Plaintiff did not transfer the name to Defendant B.