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1. Of the instant claims, the part concerning KRW 14,541,395 shall be dismissed.
2. The defendant's appeal is dismissed.
3...
Reasons
1. Facts of recognition;
A. The occurrence of the claim for the payment of goods and the confirmation of the payment order 1) The Plaintiff is a stock company E (E) located in Suwon-gu, Suwon-si operated by C (hereinafter “E”).
(2) From December 2010 to July 31, 2011, the PCB parts were supplied to the Plaintiff, and the Plaintiff did not receive KRW 25,838,800 out of the price. 2) Accordingly, on October 11, 2011, the payment order (hereinafter “instant payment order”) became final and conclusive that “E shall pay to the Plaintiff 25,838,800 won and damages for delay at the rate of 20% per annum from the day following the day when the original copy of the payment order was served to the Plaintiff (e.g., September 27, 201) to the day when the original copy of the payment order was served.”
B. On the other hand, the closure of E and the establishment of the defendant, etc. on July 31, 201, C discontinued E for the purpose of evading tax claims and compulsory execution on claims of the plaintiff, etc., and C established the defendant by registering the F, which was audited, as the representative director (the replacement of the representative director on March 4, 2014), and made the defendant use the tangible assets, including the various facilities and gold papers, as they are,. 2) The defendant is a company established on the ground of the nominal representative director C and operated by himself as the company, and C pays a regular salary for its denial as a director, etc. of the defendant company.
In addition, Defendant Company uses its website as it is.
C. A criminal judgment against C, etc. (hereinafter “C”) was indicted on May 23, 2014 by establishing the Defendant and using various tangible assets of E as it is for the purpose of evading compulsory execution, and was convicted of the facts constituting the crime of evading compulsory execution on the grounds that C, etc. committed the crime of evading compulsory execution (hereinafter “C”), and the judgment of conviction against the above facts was maintained (Seoul High Court 2014No1758). The same applies to C’s evasion of compulsory execution.