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(영문) 서울중앙지방법원 2018.05.29 2017가단5056212

원상회복 청구의 소

Text

1. The Defendant’s KRW 759,000 and the Plaintiff’s annual rate of KRW 5% from November 28, 2017 to May 29, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an entity running “C”, the purpose of which is the wholesale, retail, and manufacturing of the following:

On September 2005, the Defendant invested USD 400,000 in the U.S. currency, and established “B” (the head office: the Gisung Industrial District; and the corporate manager are the representative director of the Defendant; hereinafter “local enterprise of this case”) under the same name as the Defendant in the Gisung Industrial District.

B. Around May 2010, the Plaintiff was a party to the instant contract with the Defendant, whose head office is located in Seoul, and continued to conclude the instant contract or perform related duties.

Between the instant local company’s factories, the instant local company’s business is to rent a part of the factory of the instant local company, and the Defendant provided 20 square meters and North Korean human resources within the Gesung Industrial Complex in the Gesung City of the instant local company, and the Plaintiff entered into a contract for processing with the Plaintiff to pay the building deposit (20,000 won) and personnel expenses or the cost of processing.

C. The Plaintiff had to remove machinery necessary for the processing of the machinery from the Gesung Industrial Complex to the Gesung Industrial Complex. On August 20, 2010, the Plaintiff obtained approval from the Minister of Unification for the removal of the machinery under the name of the Defendant, and the release list includes one set of large locks, small locking, main-sized, and small-sized smoke bags, respectively.

In February 2016, the GIC was closed by the government policy, and thereafter, the Ministry of Unification has conducted a fact-finding survey on damage to the GIC.

E. The Defendant, on behalf of the Plaintiff, calculated a total of KRW 33,737,673 on the Plaintiff’s four machinery facilities, which were reported at the time of release on behalf of the Plaintiff, and provided them as collateral when applying for compensation for damage. The Ministry of Unification, through depreciation, determined the price of the said four facilities as KRW 1,686,884, and paid KRW 759,000, which amount to KRW 45% among them, to the Defendant.

F. Meanwhile, around May 2016, the Plaintiff’s facilities from G, the head of the instant local company, the head of the relevant local company.