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(영문) 서울중앙지방법원 2017.05.25 2017가단5037129
손해배상(기)
Text

1. The Defendant’s KRW 22,504,251 as well as the Plaintiff’s annual rate of KRW 5% from April 9, 2017 to May 25, 2017.

Reasons

1. Facts of recognition;

A. The defendant is a person who operates a sexual outdoor department in Gangnam-gu Seoul Metropolitan Government with the trade name of "D", and E is a person who operates a business name of "G (H)" that operates cosmetics sales business in F.

B. On October 10, 2014, the Plaintiff, holding the claim amounting to KRW 2,033,945,205 against E, was issued a seizure and collection order equivalent to the above claim amount as to the claim for payment of credit card deposits arising out of the credit card merchant agreement with the debtor, non-SC Card Co., Ltd. and the credit card company and financial institutions, etc., including the third party debtor, as the third party debtor.

C. Meanwhile, in collusion with E, from October 2014 to September 2015, the Defendant filed a request for a summary order of KRW 2,500,000,000,000,000 from August 19, 2016, on the grounds that the Defendant: (a) in doing credit card transactions with customers using the said car page with other credit card merchants, the Defendant evaded compulsory execution by doing credit card sales under the name of other credit card member stores, and making the said credit card sales amount deposited into the SC Bank account in the name of the Defendant; and (b) the summary order was the same year.

9. 28. A final and conclusive date.

[Reasons for Recognition] The entry of Evidence A Nos. 1 and 2, a significant fact in this court, and the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the above liability for damages, the defendant's act of evading compulsory execution is an infringement of the plaintiff's claims against E by causing the plaintiff to make it impossible or difficult to execute and satisfy his claims against E, and constitutes a tort in relation to the plaintiff. Thus, the defendant is liable to compensate the plaintiff for the damages.

(b) (1) The scope of compensation for damage to property shall be the act of evading health or compulsory execution.

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