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(영문) 대전지방법원 천안지원 2015.08.27 2014고단1565
권리행사방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On October 18, 201, the Defendant was sentenced to eight months in imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc. at the Changwon District Court’s branch on the part of October 18, 201, and completed the execution of the sentence at the Seongbuk detention center on May 28, 201

On December 6, 2013, the Defendant: (a) purchased a vehicle EK5 car at its agency located in Chungcheongnam-gu, Chungcheongnam-gu, Seoul; (b) borrowed KRW 25,040,000 from its agency; and (c) agreed to repay the loan amount of KRW 400,758 per month for 60 months; and (d) on December 17, 2013, the Defendant set up a collateral security right with the said victim company as the obligee, the Defendant as the obligor, and the maximum debt amount of KRW 20,000,000 for the said vehicle.

Nevertheless, until February 14, 2014, the Defendant paid 841,399 won by paying the remainder of the installments, and concealed the said vehicle to F before June 13, 2014, thereby interfering with the Defendant’s exercise of rights.

2. The defendant's legal statement, witness G, H, and I's respective legal statements, written complaint, and additional statements;

Comprehensively taking account of each description of hearing statement, G’s written statement, written statement, written application for loan approval file, written application for vehicle installment financing error, registration certificate (J), notification of time benefit loss (Borrower), payment order, register of automobiles, written notification of proposed benefit loss (Borrower), details of receipt in comparison with the register of automobiles, written statement transmission, investigation report (written statement with reference) and copy of a loan certificate, and written statement of receipt submitted by the defense counsel, the following facts can be recognized:

On December 6, 2013, the Defendant received a loan of KRW 20,000,000 (excluding consignment fee of KRW 263,000) out of the vehicle price of KRW 25,040,000 (excluding consignment of KRW 263,000) from a non-Korean Capital Co., Ltd. (hereinafter “victim Co., Ltd.”), and the principal and interest of the loan each month from January 14, 2014 to December 14, 2018, on condition that the agreement shall be 7.5% (i.e., equal interest and interest) equal to the principal and interest of the loan.

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