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(영문) 대구지방법원 서부지원 2017.02.24 2016고단2027
채무자회생및파산에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Where a person liable for an obligation based on the summary of the facts charged conceals or destroys an asset, or disposes of it unfavorably to the creditor, with a view to pursuing his/her own interest or another person's interest, or impairing the creditor, and a decision to commence individual rehabilitation

On January 9, 2014, when the date of auction was designated on January 9, 2014, the Defendant filed an application with the Daegu District Court for an order of prohibition and suspension, and filed an application for an order of suspension on January 2, 2014 with the Daegu District Court for the commencement of individual rehabilitation procedure at the same time with the Daegu District Court on January 2, 2014, based on a monetary claim established by the High Court Decision 2013Ga 25754, which became final and conclusive by the Defendant, for compulsory auction on the land in Daegu-gun District Court D (hereinafter “instant land”), which is owned by the Defendant. The Defendant filed an application for the said compulsory auction on March 18, 2015 upon the confirmation of the decision to authorize the said individual rehabilitation plan.

On March 26, 2015, the Defendant sold the instant land to E, and sold the proceeds therefrom to the creditor with a view to undermining the creditor by consuming all the names of debt repayment, living expenses, etc. for other creditors. On November 10, 2015, the Defendant submitted a written withdrawal of individual rehabilitation to the above court, and subsequently abolished the individual rehabilitation procedure on November 15, 2015.

Then, on December 31, 2015, the Defendant filed an application for individual rehabilitation again with the above court on December 31, 2015, and on March 10, 2016, the above decision became final and conclusive upon receiving a decision to commence individual rehabilitation procedures against the Defendant in the above court.

2. Article 643(3) of the Debtor Rehabilitation and Bankruptcy Act provides that the debtor shall either conceal or destroy the property or dispose of it to the creditor with the intention of seeking the benefit of himself/herself or any other person or impairing the creditor, or (2) increase the burden on the creditor. The debtor shall be punished by imprisonment with prison labor for not more than five years or 50 million won when the decision to commence the individual rehabilitation procedure becomes final and conclusive with respect to the debtor.

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