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(영문) 인천지방법원 2017.01.10 2016가합54038

보증채무금

Text

1. The Defendant: (a) KRW 252,443,003 as well as 6% per annum from April 29, 2016 to January 10, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on the manufacturing of electronic equipment, electronic machinery, wholesale and retail business, etc., and the Defendant is a corporation that carries on the manufacturing of automobile parts and trade business.

B. 1) The Defendant acquired the right to use the land of North Korea’s Gsung Industrial District 7-5, and thereafter acquired a factory building of approximately 350 square meters on the ground of the above land (hereinafter “instant building”).

(2) On May 16, 2008, the Plaintiff concluded a lease agreement with the Defendant to lease the instant building with the lease deposit amount of KRW 650 million from May 15, 2008 to May 14, 2010, and thereafter renewed the lease agreement and used the instant building.

3) On May 28, 2008, the Plaintiff and the Defendant entrusted the Defendant with the production of the clinical process and paid the cost of the clinical process. On the last day of each month, the cost of the clinical process concluded a contract with the Defendant to pay it on the 15th day of the following month by settling the accounts as of the last day of each month. 4) On September 23, 2013, the Plaintiff entered into a lease agreement with the Defendant on September 23, 2013, with the terms that the size of the leased object is about 200 square meters, the lease deposit is KRW 372 million, and the lease deposit is KRW 372 million, and the lease term is each modified from September 23, 2013 to September 22, 2015 (hereinafter “instant lease agreement”).

5) At the time of the termination of the instant lease agreement, the Plaintiff did not reach an agreement with the Defendant on the terms and conditions of a new lease agreement (related to the payment of processing costs). Ultimately, the instant lease agreement was terminated upon the expiration of the contract term and the agreement between the parties. (c) The Ministry of Unification, on February 10, 2016, decided to completely suspend the GIC in North Korea as one of the countermeasures against gambling, including North Korea’s fourth nuclear experiment and long-range launch, etc., and notified the North Korean authorities of such decision.