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(영문) 인천지방법원 2017.07.18 2016가단242180
양수금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On May 11, 2015, the Defendant concluded a contract for processing, etc. 1) Nonparty SF Forest Co., Ltd. (hereinafter “Nonindicted Company”).

A) In addition, the Defendant provided the non-party company with the space and welfare team facilities of the Defendant’s factory in the Gsung Industrial Complex (hereinafter “Ksung”) and the non-party company performs all business related to the production of the product at the above plant, and the non-party company is obligated to pay to the Defendant the price in cash by the end of the following month after the end of the following month by setting the amount of KRW 500,000 per capita as personnel expenses for the non-party company (hereinafter “the contract of this case”).

2) Around July 31, 2015, KRW 115,441,901 (the end of the following month, which was the end of August 31, 2015) was concluded. A transaction was finally completed, around February 4, 2016, KRW 341,591,304, which was a total of KRW 115,441,90.

B. On February 10, 2016, the Government of the Republic of Korea took measures to completely suspend the operation of the GIC on February 10, 2016, and on February 11, 2016, the GIC was completely closed by the GIC. 2) Accordingly, the fact-finding survey was conducted on the damage caused by the Defendant’s investment companies, customers, or subcontractors, such as the Defendant, within the GIC, to be unable to use the pertinent assets, etc., and the Government of the Republic of Korea published the “comprehensive measures to support damage to the GIC” on May 27, 2016.

(C) the subsidy under this subsection is referred to as “the instant subsidy for damage.”

1) The procedure, etc. for the payment of the damage subsidy in this case) the GIC company of the GIC (the notice of the inventory asset damage support) of the Ministry of Unification: ① the domestic mother company invested in the GIC after obtaining approval of the economic cooperation project under the Inter-Korean Exchange and Cooperation Act as of February 11, 2016 or after receiving a report of the economic cooperation project under the Inter-Korean Exchange and Cooperation Act; ② the method of applying for the subsidy from June 24, 2016 to September 2 of the same year.

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