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(영문) 대전지방법원 2018.08.31 2017노3677
강제집행면탈
Text

The judgment of the court below is reversed.

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

Reasons

1. The Defendant in the facts charged is a person who works for the representative director of C Co., Ltd. (hereinafter “Co., Ltd.” from the time when the second name of C Co., Ltd. (hereinafter “Co., Ltd.”) on the third floor of Chungcheongnam-nam Budget Group B building, and was actually operating D Co., Ltd. (formerly: E Co., Ltd.) in the same place.

Around August 20, 2013, the Defendant received orders from the Cheongnam-do Office of Education and Support for Taenam-do to pay KRW 1,127,34,000 of the total construction cost under the name of the G middle school renovation project in the name of Chungcheongnam-do. On January 8, 2014, the Defendant agreed with H’s actual representative to pay KRW 190,000,000 for G middle school rebuilding project, glass, and windows, etc. to H, a victim company, at the E office, to pay KRW 190,000,00. In short, around January 15, 2014, the Defendant agreed with the victim company to further subcontract the interior construction work portion of G middle school reconstruction project with KRW 242,00,00,000 for the construction cost, and provided KRW 32,00,000 for the victim company to pay KRW 325,000 for the remainder of the construction cost.

2. The Plaintiff sent a certificate of content to the effect that “....”

On the other hand, the defendant changed the trade name of E around January 14, 2015 to D in preparation for C's default, and the representative director also changed to K who is the defendant's spouse from J as the defendant's spouse.

On April 28, 2015, the Defendant received KRW 1,289,950,000 of the total construction cost in the name of D from the Special Self-Governing City of Sejong around April 28, 2015, and was aware of it.

The subcontract price is agreed to N, the representative of M&A, and the subcontract price is paid.

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