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(영문) 대구지방법원 2017.04.20 2016나307703
손해배상(기)
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C by this Court 2006 Ghana32638 to claim payment of the total amount of KRW 19,557,223 of the deposit processing fee claim. On September 15, 2006, the Plaintiff received a decision of performance recommendation on September 15, 2006 that “C shall pay to the Plaintiff the amount calculated by the rate of 20% per annum from September 27, 2006 to the day of full payment, which is the day following the delivery of a copy of the complaint.”

The decision on performance recommendation was made on October 1, 2006.

(hereinafter referred to as “instant decision on performance recommendation”). (b)

C up to the mid-2013 Police Officers C operated “F” in D and Daegu-gun E.

On July 1, 2013, the Defendant registered the business of “G” at the same place (registration number H).

C. On April 23, 2015, the Plaintiff attempted to execute the attachment of corporeal movables in F with the enforcement title of the instant decision on the performance recommendation (hereinafter “instant attachment execution”) on April 23, 2015, but it became impossible for the Plaintiff to execute the attachment on the ground that “G’s business registration was made in the name of the Defendant and is different from the business operator

(Supplementary Branch of the Daegu District Court 2015No. 662). D.

When the execution of the instant seizure was impossible, the Plaintiff filed the instant lawsuit against the Defendant on May 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, part of witness C at the trial, the purport of the whole pleadings

2. Determination as to a claim for damages

A. On April 23, 2015, the Plaintiff asserted that the attachment was executed on April 23, 2015, but it was impossible to execute the attachment on the ground that the Plaintiff was registered as a business operator under the name of the Defendant.

C concealed property by making it unclear the ownership relationship of corporeal movables, such as changing the business registration of G to the defendant for the purpose of evading the plaintiff's compulsory execution, and the defendant actively participated in or aided the illegal act of C.

Therefore, the defendant shall compensate the plaintiff for damages incurred by the tort, which is equivalent to the amount of the above plaintiff's claim, KRW 19,57,223, and delay damages.

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