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(영문) 부산지방법원 동부지원 2021.01.15 2019고정706
권리행사방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is working day on a daily basis, and the victim B is a company that is engaged in credit and mortgage loans, a new, medium, and financial business when purchasing a leased vehicle, etc., and the Defendant is a debtor who has received a vehicle security loan to the victim.

On January 24, 2017, the Defendant purchased FN Simp vehicle in Ulsan-gu C and Dho Lake Co., Ltd., and agreed to pay the FN 15.9% per annum from the victim B Co., Ltd., 48 months in installment period, 565,781 won per month, and 20,000 won in equal repayment per annum, and provided the Hemp vehicle as security and completed the establishment of a right to collateral security amount of KRW 10,00,000 in value of the bond.

Nevertheless, the Defendant continued to avoid contact with employees of the victim without delay in paying or paying the repayment of the loan from March 2017 to February 2019. On March 4, 2019, the Defendant did not reply despite being notified of the loss of interest or receiving a claim for lump-sum payment from the injured party on March 4, 2019. On March 18, 2019, the Busan District Court issued a voluntary auction decision on the said vehicle at the Busan District Court on March 18, 2019, and did not comply with the contact of the victim until the commencement of the execution of the delivery order for the execution of the vehicle’s mortgage on April 11, 2019, and did not inform the location of the vehicle of the location of the victim.

Accordingly, the defendant interfered with the defendant's exercise of rights against the victim's above Nice Vehicle.

Summary of Evidence

Part of Defendant’s Court Statements

1. Copy of the written application for the direction-finding of the witness G’s legal statement, copy of the written application for the vehicle registration ledger, copy of the vehicle registration ledger, content of sending text messages to the Defendant, information on the vehicle delivery case, and copy of the Defendant’s resident registration card;

1. Notice on whether the collection of claims will be conducted and the dispatch of the complainant company (the defendant has never concealed the vehicle).

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