1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court's explanation of this case is that the defendant conspireds with and participated in the act of evading compulsory execution of C or D as evidence submitted at the trial.

The Plaintiff’s assertion that it was insufficient to recognize the Plaintiff’s assertion that it aided or aided, shall be rejected, and the Plaintiff’s repeated argument that was made in the trial is identical to the part of the reasoning of the judgment of the first instance except where the judgment as set forth in the following paragraph (2) is added. As such, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Generally, the infringement of a claim by a third party may constitute a tort, but the infringement of a claim by a third party does not always constitute a tort, but should be determined by specifically examining whether the claim is constituted in accordance with the mode of claim infringement.

The act of a third party reduced a debtor's property, which makes it impossible or difficult for the creditor to execute or satisfy the claim, can be deemed as an infringement of the claim. However, in order for the third party to constitute a tort against the creditor, it is insufficient to simply engage in the act of reducing the debtor's property, and it is insufficient to say that the third party has actively conspired with the debtor, knowing the existence of the creditor against the debtor and the fact of infringement

It should be said that the intentional negligence and illegality of the infringement of claims are recognized, such as the intentional use of illegal means against social norms or the intent to obstruct the exercise of claims.

Here, the illegality of the claim infringement is determined individually by taking into account the content of the infringing claim, the attitude of the infringing act, the intention of the infringing person, and the existence of the year. However, the necessity of guaranteeing the freedom of transaction, the public interest including economic and social policy factors, the balance of interests between the parties, etc. shall be considered carefully.