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(영문) 서울중앙지방법원 2019.02.14 2018고단3891
권리행사방해
Text

The defendant shall be innocent.

Reasons

1. The Defendant, around April 17, 2015, purchased three vehicles per vehicle price of KRW 25 million per vehicle within the new stop point in Yangcheon-gu Seoul Metropolitan Government, and around April 20, 2015, around KRW 25 million per vehicle, and around April 20, 2015, entered into an installment financing contract under the terms of KRW 20 million per vehicle, KRW 36 months during the loan period, KRW 60,533 per month, and on April 28, 2015, set up a mortgage on each bond price of KRW 4 million at KRW 4 million for the said vehicles and KRW 4 million on June 9, 2015.

On April 2015, the Defendant borrowed 30 million won from H who operates Genekya in Seoul, China, as security, and delivered the said vehicles to H. Around August 2015, the Defendant paid only the principal and interest of the loan until August 2015, and did not pay 5,487,241 won in total, the remainder of the principal and interest of the loan. The Defendant, without notifying the victim, transferred the said vehicles to the unclaimed winners and caused their whereabouts unknown.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of the victim's rights, and obstructed the victim's exercise of rights.

2. Determination

A. The Defendant, who acquired the Defendant’s argument to the K and newly operated the K and K, who had operated the Jenecar to the K and K, proposed that the Defendant “K will make profits from the purchase of the three Lone Star under the name of the Lone Star in the name of the Lone Star, and H will bear necessary expenses, such as vehicle registration fees, etc., by purchasing the vehicle in the name of L one of the L one of the K and entrust the K one with the L one.”

The defendant was issued four copies of the certificate of the corporate seal impression, certified transcript of register, business registration certificate, and financial statements of the LO and delivered them to H along with the identification card of the defendant, the employee of the corporation.

The Defendant paid the installment of the vehicle, and H did not pay the profits promised.

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