Case Type: Civil

Result: Original provisional seizure decision maintained (Full Victory)

Details:

The Civil Team of Suhn Law Group (Lead Attorney: Kim Woo Joong) successfully maintained an existing provisional seizure when a debtor filed an opposition claiming the seizure was unjust.

Although provisional seizure opposition cases sometimes result in modifications—such as requiring additional cash deposits—completely maintaining an existing seizure is less common, especially in “account lending” cases, where lower court rulings often favor the debtor.

In this case, the creditor, claiming to have suffered fraud, had transferred funds to the debtor’s account, not directly to the fraud perpetrator. The debtor opposed the seizure, arguing they merely lent the account and were not involved in the fraud. Cases involving lending bank accounts are frequent in electronic financial fraud, such as voice phishing, because perpetrators often lack accounts under their own names. Courts rarely hold account holders liable for torts, unless:

1. The account holder knew illegal use was possible, and

2. Illegal acts were facilitated by lending the account.

Suahn Law Group Civil Team emphasized:

1. The debtor not only received funds but also transferred them to the creditor’s account, demonstrating involvement beyond mere account lending.

2. The debtor was present during the perpetrator’s fraudulent acts, with the creditor intending to file an accessory-to-fraud complaint.

3. In provisional seizure matters, the necessity for preservation must be established at the preservation stage, while detailed disputes can be addressed in the main civil suit.

The court recognized that the creditor’s claim and the necessity for preservation were sufficiently demonstrated, maintaining the original provisional seizure decision in full.

Typically, courts may require additional cash deposits if the preservation need is insufficiently demonstrated or the debtor shows serious hardship. However, Suhn Law Group carefully analyzed prior unfavorable precedents and highlighted distinguishing factual circumstances to robustly defend the creditor’s position, achieving full maintenance of the original seizure.

This case demonstrates Suhn Law Group’s ability to apply precise legal analysis and fact-based arguments to achieve optimal outcomes in civil preservation matters.

Contact for Case Inquiries: Attorney Kim Woo Joong