209No4559 Exemption from compulsory execution

Kim A (59 years old, South)

Defendant

Maximumization

Busan District Court Decision 2009Dadan1207 Decided November 26, 2009

May 28, 2010

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

① Since the Defendant did not collect the advance payment due to the abolition of the advance payment system, the Defendant asserts that there was no separate money claim in thisC1, etc.; ② the deposit account attached by this C1, etc. (hereinafter “the deposit account in this case”) is an account in which loans are deposited, so it is impossible to execute a compulsory execution; and thus, the Defendant withdrawn a deposit to pay a loan to the holders of three loans; and thus, even though there was no purpose of evading compulsory execution, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on evasion of compulsory execution, thereby adversely affecting the conclusion of the judgment.

2. Determination;

In light of the following circumstances, which are acknowledged by the court below in full view of the evidence duly adopted and examined and the statement of Kim C2, i.e., this C1, etc., was all dismissed from the transportation corporation from Dec. 5, 2007 to Jan. 10, 2008, the operation committee of the transportation corporation and the association did not hold a general meeting and decided to suspend advance payment and to withhold advance payment on Dec. 21, 2007. The decision was made on Jan. 5, 2008 that only 25% of the principal amount should be paid to the members who wish to make advance payment for the six-month period, and that the defendant's request for separate deposit account of this case was rejected on Jan. 23, 2008, and that the defendant's request for separate deposit account of this case for the purpose of 30 years prior to the enforcement on Feb. 23, 2008.

3. Conclusion

Therefore, the defendant's appeal of this case is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge, judge and senior judge;

Judge Lee Dong-dong

Judges Shin Jae-won