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1. The Importance of Fake Employment Relationships and Debt Recovery

Consideration started out of goodwill can sometimes lead to unexpected legal disputes and financial losses. Especially in "formal conveniences" provided between acquaintances or seniors and juniors, proving the legitimacy of one's claim later can be difficult; therefore, taking legal action to reclaim the creditor's rightful rights is more important than anything else.In practice, if the other party attempts to hide or dispose of assets without returning the received funds, there is a high risk that actual enforcement will become impossible even after winning the case unless swift preservation measures are taken.This case also began under such urgent circumstances.

2. Overview of the Case

The creditor was asked by the debtor—who was a senior from the CEO’s high school—to falsely register him as an employee because he needed proof of salary in order to obtain a loan for an apartment interim payment. In response, the creditor formally listed the debtor as an employee and paid him salary and severance benefits. However, the debtor performed no actual work and failed to fulfill his promise to return the funds that had been paid to him.

3. Distinctive Aspects of the Case

The amount unjustly obtained by the debtor without providing any labor was substantial, totaling KRW 45,921,722, including salary, severance pay, and the four major social insurance contributions.

In particular, after residing in Malaysia, the debtor suddenly returned to Korea and was found to be attempting to dispose of his only asset—an apartment located in Bundang-gu. Accordingly, provisional measures to preserve the claim became extremely urgent in order to secure recovery of the debt.

4. Counsel’s Strategy

Theo Law Firm secured objective supporting evidence, including KakaoTalk messages in which the debtor requested that his employment status be maintained “for the purpose of obtaining a loan,” thereby proving that no genuine employment relationship existed.

The firm also legally substantiated the likelihood that the debtor would dispose of his real property and emphasized the necessity of a prejudgment attachment. To reduce the creditor’s financial burden, the firm arranged for a surety bond insurance policy to be submitted in lieu of a cash deposit as security.

5. Outcome

The Seongnam Branch of the Suwon District Court granted the application and issued a prejudgment attachment order against the debtor’s apartment.

As a result, the creditor was able to securely preserve the full amount of the claim and establish a solid foundation for the actual recovery of funds through the property after obtaining a favorable judgment in the main action.