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(영문) 서울동부지방법원 2019.12.17 2017가단114031

손해배상(기)

Text

The plaintiff's claim against the primary defendant and the conjunctive defendant are dismissed, respectively.

The costs of lawsuit.

Reasons

1.The facts following the facts of recognition do not conflict between the parties, or may be admitted by adding up the whole purport of the pleadings to the entries in Gap evidence 1 to 6, 8, 9, and Eul evidence 1 to 14 (including each number):

The Plaintiff is a company that produces and sells the clothing for daily use, and the primary Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that mainly produces and sells clothing export and import business, clothing manufacturing business, etc.

The plaintiff provided the defendant company with raw and secondary materials such as design and original complex foundation service, and the defendant company entered into a contract for processing with the content of manufacturing and supplying the above raw materials at a factory located in the Gisung Industrial Complex and continued transactions.

B. However, on February 10, 2016, the Minister of Unification decided to completely suspend the operation of the GIC. Accordingly, North Korea closed the GIC on February 11, 2016 and removed the employees of South Korea.

Accordingly, the defendant company was bound to withdraw without leaving most of the equipment and raw materials remaining in the Gisung Industrial Complex.

(c) The Ministry of Unification shall endeavor to support the normalization of the business of an enterprise of the GIC which has direct damage due to the full suspension of the GIC, and the Government may take necessary measures, such as support prescribed in Articles 12-3 and 12-4, as prescribed by Presidential Decree, in order to support the normalization of the business of an enterprise of the GIC, and Article 12-2 (1) and 12-6 of the GIC Support Act and Article 9-3 (4) of the Enforcement Decree of the GIC Support Act.

(2) The Minister of Unification shall, if deemed necessary for cases falling under paragraph (1), operate an investment company in the GIC.