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(영문) 의정부지방법원 고양지원 2017.07.07 2017고단280
경매방해
Text

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

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

Reasons

Punishment of the crime

On June 24, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on July 1, 2016, and became final and conclusive on July 24, 2016.

1. Under the premise, the Defendant is the representative director of the corporation E (hereinafter “E”) located in the Gyeonggi-do Pakistan-si D (hereinafter “instant land”).

E On October 5, 2010, between F Co., Ltd. (hereinafter “F”) and F Co., Ltd. (hereinafter “F”), entered into a contract for construction of raw water production plant in the amount of KRW 2,673,00,000 ( separate value added tax). Pursuant to the above contract, F completed the manufacture and installation of raw water production machinery (hereinafter “the instant machinery”) on the instant land and four lots and its above ground factories, other than the instant land, on February 28, 2011.

Meanwhile, according to the above contract for the construction of machinery and equipment, the ownership of the instant machinery and equipment was reserved F until the completion of the balance payment, and the ownership was transferred to E upon the completion of the payment of remainder. However, on July 10, 2012, F filed a lawsuit against E for the claim for the payment of the construction cost against E as the High Government District Court 2012, 6776, supra, on July 10, 2012. The said lawsuit was concluded on November 12, 2012.

According to the above adjustment clause, “EF shall be paid 1.2 billion won and interest on delay, and shall be paid in installments by December 28, 2012, 200 million won, and the remainder shall be paid in installments over 21 times until August 28, 2014, and the payment period shall be lost if it is delayed once until August 28, 2014, and E shall waive and deliver to F any right to the instant machinery and equipment.

E stipulates that the aforementioned money shall be paid to F until the ownership of the instant machinery and equipment is confirmed to F. However, after the conciliation, E lost the benefit of December 28, 2012, which was the first payment date, due to the failure to perform the payment obligation under the said installment payment clause once.

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