1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is the creditor of C Co., Ltd. (hereinafter “Nonindicted Company”), and the Defendants are the former employee of the Nonparty Company.

In order to preserve the claim against the non-party company, the plaintiff tried to execute the provisional seizure order after receiving a decision of construction machinery of 2016Kadan3230 and corporeal movables provisional seizure.

However, Defendant A established a new business operator called “D” in his name, and succeeded to the office, office, house, furniture, etc. used by the non-party company, and performed an act of evading the execution of the claim at the same place, and the Defendant B participated therein.

Therefore, the defendants are jointly obligated to pay 110,000,000 won as compensation for damages against the non-party company's act of infringement of claims against the non-party company.

B. Determination 1 Generally, the infringement of a claim by a third party may constitute a tort, but the infringement of a claim by a third party does not always constitute a tort, but the establishment of a claim by the third party is to be determined by specifically examining the form of the infringement of a claim. If the third party’s act of reducing a debtor’s property makes it impossible or difficult for the creditor to execute or satisfy the claim, it may constitute a violation of a claim. However, it is insufficient to say that the third party’s act is merely involved in the reduction of the debtor’s property to constitute a tort against the creditor, and it is not sufficient to say that the third party is involved in the act of reducing the debtor’s property, and actively

The intention, negligence, and illegality of the infringement of claims should be recognized, such as the use of illegal means against the social norms with the intention to prevent the exercise of claims, and the illegality of the infringement of claims should be determined.