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buymybook
Joined: 21 Feb 2005
Location: Telluride
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 Posted: Mon Oct 02, 2006 7:09 pm Post subject: Coercive distraint. |
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강제집행 or Coercive distraint. It's like a lien against their property.
I need to learn about all registered property of my past employer.
Does anyone know what/how to get this information?
I don't even have their home address.
I think I can learn the VIN on their cheap car and we will hold a public auction on the property inside their little haggy. Then, I'll wait until their lease on the building is complete when I could receive the deposit/key money.
Any law folk out there please p.m. me!
They now owe me 13 million Won and rising at 20% each month!
Last edited by buymybook on Fri Oct 06, 2006 9:38 pm; edited 1 time in total |
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ChopChaeJoe
Joined: 05 Mar 2006
Location: Seoul
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| Posted: Tue Oct 03, 2006 6:25 am Post subject: |
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| Does anyone know what this guy is talking about? |
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Juregen
Joined: 30 May 2006
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| Posted: Tue Oct 03, 2006 7:14 am Post subject: |
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| ChopChaeJoe wrote: |
| Does anyone know what this guy is talking about? |
P
People owe him money
he wants to get all the necesary information on these people so he can get his money "back".
he is asking for help |
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rothkowitz
Joined: 27 Apr 2006
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| Posted: Tue Oct 03, 2006 7:27 am Post subject: |
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I guess the company must have a registration number?
Go to your district office with that to get the ball rolling.
Where does the 20% per month figure come from?Gonna break his legs if he doesn't pay up? |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Tue Oct 03, 2006 11:43 pm Post subject: |
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| 20% is the rate of interest the folks must pay after losing in Civil Court. |
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Kimchieluver
Joined: 02 Mar 2005
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| Posted: Wed Oct 04, 2006 12:49 am Post subject: |
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| Any lawyer should be able to put a lien on his property for you. If they do that in Korea. Just remember, if it was the company that owes you money and you sued the company, you can not go after his/her personal wealth. Unless it was a sole propriter deal. Anyways, I will shut up now because I know nothing about law in THIS country. 13 mil is a good reason to get a lawyer to put a lien on the haggies assets. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Wed Oct 04, 2006 10:07 pm Post subject: |
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| Kimchieluver wrote: |
| Any lawyer should be able to put a lien on his property for you. If they do that in Korea. Just remember, if it was the company that owes you money and you sued the company, you can not go after his/her personal wealth. Unless it was a sole propriter deal. Anyways, I will shut up now because I know nothing about law in THIS country. 13 mil is a good reason to get a lawyer to put a lien on the haggies assets. |
I didn't even think to sue the company which may have been the thing to do now that you mention it? I sued the people who were operating it. I believe it is a small franchise.
They sued me first, what followed was my counter-lawsuit. I have a free government lawyer but he basically said he would only help me file the necessary papers at court. I won't have to go to court each time to do it which is a great relief. I gave him my "stamp" with my name. But, he also said he wouldn't help me get the possible other important registered personal property information that I need.
The only thing I have is the Hakwon address and their Identification numbers. I hope they don't move their Hakwon and wonder why they haven't? I also hope they don't off themselves/jump off a bridge into the Han river/jump off a tall building ect...
I may have found someone to help me find the possible other personal property information?
Nonetheless, I travelled across town last night(eve of chuseok), went to the old haggy(was surprised they were open/classes were held) and followed them further(Gyeonggi) to where I hoped was their home. They went to where I thought was a friend's home. I sat and watched them buy some rice wine at the local mart after which they walked by my taxi into their friends house.
I paid the taxi and waited for only about 1 hour when I saw them walk out to their car. I tried to quickly hail another cab from the busier/main drag not far away. The cabby said "Seoul," I gave him a note that said "follow that car." He didn't want to drive into the neighborhood/small side streets. He hesitated, but finally drove to where I thought they were.
We stopped just before a side street intersection where I jumped out to look all directions but only saw what I believe was their car far up the road. We tried to follow(many people in our way walking), but they turned and we lost them. They have both been popped for drunk driving in the last 2-3 years so I don't think they want to drink at a friends home and drive far to their own home.
I think I've got their neighborhood pegged. I may go back again to look for their car/home, if I have to. They probably don't own their home anyway? I think I have to open their car door to get the VIN #, so I don't think I'll be able to put the car up for public auction unless I can get that information another way? |
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rothkowitz
Joined: 27 Apr 2006
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| Posted: Thu Oct 05, 2006 5:20 pm Post subject: |
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Very diligent.How's the Chuseok stake-out coming along?
I'm just curious,how could they get to the stage of owing 13 million?That's rather a lot. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Fri Oct 06, 2006 9:15 pm Post subject: |
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| rothkowitz wrote: |
Very diligent.How's the Chuseok stake-out coming along?
I'm just curious,how could they get to the stage of owing 13 million?That's rather a lot. |
Thank you! The stake-out is over, I've got 2 offers from people to check all their registered personal property.
I don't know if I resembled Richard Dryfuss or Emilio Estavez more?
367.613 unpaid salary earned(until illegal fire date)
6.721.311 unpaid salary owed for illegal firing(until end of contract)
2.000.000 Severance
1.000.000 Return flight home
830.000 Won for rent through end of contract.
50% Translation/Interpretation costs which I've already paid the fee of approx. 900.000 Won
20% interest since 2006/01 and RISING each day! 
5% interest from 2005/08 - 2005/12 |
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rothkowitz
Joined: 27 Apr 2006
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| Posted: Sat Oct 07, 2006 2:14 am Post subject: |
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Well,good luck.I don't terribly fancy your chances though.
You weren't "fired" at the very tailend of your contract so it's hard for the Labour Office to step in.I think being fired,dismissed,dispensed with can mean all manner of things.One of which can be that the hagwon was experiencing hardship and let you go.They can cook the books accordingly if or not this is the case.
Someone please correct me if I'm wrong.
More details on when and how you ended your time there please.
Most other people would have shrugged and moved on.They did give you an LOR?
If you can do it,though,I'll buy you a drink or seven. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sun Oct 08, 2006 6:11 am Post subject: |
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| Kimchieluver wrote: |
| Any lawyer should be able to put a lien on his property for you. If they do that in Korea. |
They do. I did it (without a lawyer) about 3 years ago. Pointers about liens:
- don't get them on property; you don't get money back until the property is sold
- don't put them on credit; he can stop using the credit as soon as the lien is placed
- place the lien on something liquable (word?) tha he can't do without; cars, computers, air con units, whatever to repoman can grab
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| Just remember, if it was the company that owes you money and you sued the company, you can not go after his/her personal wealth. |
You can, but you would need to "pierce the corporate veil" (as my lawyer told me). Don't know the procedure to do this, though, or if you can do it by yourself or not. |
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