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(영문) 광주지방법원해남지원 2015.11.19 2015가단1557
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff A Incorporated Partnership (hereinafter “Plaintiff Incorporated”) is an incorporated farming association established on July 25, 201 to carry out the production, processing, sale, export, etc. of agricultural products, and the Defendant A Incorporated Agricultural Association (hereinafter “Defendant Incorporated”) is the incorporated farming association established on July 1, 2009 to carry out the business of manufacturing kimchi.

B. Around March 18, 2013, the Plaintiff and the Defendant corporation were selected as joint business operators of “B” (hereinafter “B”) promoted by the Jeonnam-gun (hereinafter “Seoul-gun”). According to the instant project plan, the Plaintiff corporation and the Defendant corporation newly built the manufacturing and processing facilities and production facilities and the production facilities (hereinafter “kimchi processing factory”) and could receive subsidies from the State and the Nam-gun from the State and the Defendant corporation for KRW 1.579 billion out of the total project cost necessary for construction costs of KRW 2.632 billion, and the remainder project cost of KRW 1.52 billion was to be borne by the Plaintiff corporation and the Defendant corporation.

(Evidence A, Nos. 7, 1, 2). (c)

However, around April 15, 2013, the defendant corporation submitted a written waiver of the business with the content that it would waive the business of this case to the Navy.

(No. 5) d.

Plaintiff

On July 1, 2013, a corporation received a notice from the Southern-gun that it would pay a total of KRW 1.5779 billion (1.6 billion + military expenses of KRW 263.2 million + military expenses of KRW 1.363 billion) to the Plaintiff corporation, a sole business entity of the instant project, from the Nam-gun, around July 1, 2013.

(A) Evidence Nos. 6-2, 3. [Grounds for Recognition] / 6-2, 6-3, Gap evidence Nos. 6-7, Eul evidence Nos. 1, 2 and 5, and the purport of the whole pleadings.

2. The parties' assertion

A. As the cause of the instant claim, when the Plaintiff corporation and the Defendant corporation are selected as joint business operators of the instant project, a mutual agreement with the Plaintiff corporation, which newly constructs and operates a kimchi processing plant with subsidies from the State and the Navy, and reflects the profits accrued therefrom, and that one-half of their own charges should be paid.

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