logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.11.06 2020고단5895
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 15, 2018, the Defendant agreed to pay the above loans and interest thereon in installments for a period of 60 months by obtaining a loan of KRW 30,300,000 from the victim E Co., Ltd. in order to raise funds for purchasing D QM6 passenger cars (hereinafter “instant vehicle”) from C agencies located in Michuhol-gu Incheon, Michuhol-gu, Incheon.

On June 22, 2018, the Defendant registered the instant vehicle in the name of the Defendant, and around June 22, 2018, set up a mortgage on the instant vehicle at the claim price of 15,200,000 for the instant vehicle as security for the principal and interest obligation of the said loan.

Nevertheless, the Defendant paid only KRW 10,521,122 out of the above loans, and did not pay the remaining loans, and rejected the Defendant’s request from the victim company for the return of the instant vehicle from April 1, 2020. On May 7, 2020 and May 14, 2020, the Defendant concealed the said vehicle without the consent of the location of the Defendant, such as making it impossible to enforce compulsory execution conducted at the Defendant’s domicile, and making it impossible to return the said vehicle for a long time.

Accordingly, the defendant concealed the goods of the defendant, which was the object of the victim company's right, and obstructed the victim company's exercise of right.

Summary of Evidence

1. A complaint;

1. The register of D motor vehicles;

1. Decision on voluntary auction of motor vehicles;

1. Details and certification of scheduled notification of loss of term interest, SNS notification details, deposit status compared to repayment, and agreement on installment financing of automobiles;

1. The defendant asserts that the investigation situation (the confirmation of G currency by the complainant) and the investigation situation (the confirmation of the staff currency of the enforcement office) were using the instant vehicle in another area other than the place of residence, and did not conceal the vehicle.

However, the following circumstances can be acknowledged by the evidence duly admitted and investigated by this court, that is, the victim company, from July 2019, continues to pay overdue installments to the defendant from the beginning of the victim company, and the legal procedure can be proceeded in the case of overdue payment.

arrow