(영문) 인천지방법원 2016.12.22 2015가합6544

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(영문) 인천지방법원 2016.12.22 2015가합6544

손해배상

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1. Defendant A shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from December 9, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a creditor of C Co., Ltd. (hereinafter “C”), and Defendant A is a person who was in office as a inside director of C.

B. The Plaintiff’s property attachment 1) filed an application with the Incheon District Court for a payment order of KRW 287,604,505 for the payment of the goods price of KRW 287,604,50 and the delayed payment amount of KRW 287,605, Oct. 7, 2013. The said payment order was finalized on October 31, 2013. (2) The Plaintiff filed an application for the seizure of C’s corporeal movables with the execution officer of the said court under the head of Suwon District Court 2013No1027, Oct. 14, 2013, the enforcement officer D of the said court made an application for the seizure of the said movables owned by the said court under the foregoing payment order, and entered the purport of the seizure of the said movables, such as the Bricket T in C located within the factory located at Osan-si on November 14, 2013.

3) On the other hand, the aforementioned seizure was concurrently conducted with the attachment of E&S (2013No. 9654), F’s attachment (2013No. 9959), the attachment of Hanyang C&C (2013No. 2219), G attachment (2013No. 2013No. 1574), and the attachment of Geumsung Steel Co., Ltd (2012 No. 8504). C’s criminal punishment against Defendant A was conducted by the Suwon District Court Decision 2014No. 1014, Jul. 23, 2014; Defendant A stated that the attachment of the instant movable was subject to the attachment at a factory located in O&S around Mar. 23, 2014; Defendant A was subject to the attachment or seizure of each of the instant movable property; Defendant A was subject to the attachment or sale of each of the instant movable property without the consent of the public official’s evidence attached to the attachment or sale of each of the movable property.

2. Determination as to the claim against Defendant A

A. The plaintiff's assertion 1 is alleged by the parties.

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