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(영문) 대전지방법원 2012.07.05 2011고단5052
권리행사방해
Text

The defendant shall be innocent.

Reasons

1. Around November 13, 2009, the Defendant provided a loan of KRW 46 million on the first installment repayment method of the principal and interest of KRW 1,955,912 and KRW 1,900,240 for 36 months following the 35-month period, and provided the said victim company as a creditor with a collateral for the establishment of a mortgage on the establishment of a mortgage on the part of the said victim company as a creditor, in order to purchase the D building 253, located in Daejeon Seodong-gu C.

The Defendant provided the above vehicle as collateral without the consent of the victim company, a creditor company, on condition that the Defendant borrowed KRW 19 million to G at the same time, at the same place, at the same time, and concealed it as collateral, thereby hindering the victim from exercising the right

2. Determination

A. The following facts can be acknowledged according to the evidence duly adopted and examined by this Court, such as the witness G’s legal statement, etc.

(1) G purchased a vehicle with a vehicle to be operated by the Defendant who was unable to repay the borrowed money, and the Defendant first proposed to pay half of the installment of the vehicle instead of paying it. The Defendant consented thereto.

(2) At the time G, a half of the installment of the vehicle was paid first, and the amount of installment that the defendant had to pay is left, so the defendant had to pay it, and first, he paid a monthly installment for three months.

(3) However, as above, the Defendant purchased a vehicle and sold a vehicle to G as uneasy to the extent of a month, and G sold the vehicle to the Defendant, but the Defendant did not pay the money borrowed from G. However, the Defendant did not pay the money borrowed from G.

(4) G argues that even if the Defendant did not pay the money in this Court, he is the Defendant’s own vehicle even if he paid the installment of the vehicle first.

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