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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 4, 2012, the Plaintiff Company A (hereinafter “Plaintiff Company”) and the Defendant’s voluntary processing contract was concluded between the Plaintiff Company and the manufacturing company of lighting equipment, and the Defendant is a company located in the Gungsung Corporation. (2) On April 4, 2012, the Plaintiff Company entered into a discretionary processing contract between the Plaintiff Company and the manufacturing company of the Plaintiff Company and the offering of the processing cost (hereinafter “instant contract”).
B. On February 11, 2016, the closure of the Defendant’s factory and the government’s support 1) was closed in the color of inter-Korean relations, and accordingly, the Defendant’s factory was also closed within the GIC. (2) The Government, after conducting a fact-finding survey from March 2016, decided to provide the occupant enterprises of the GIC with respect to their investment assets and inventory assets damage, but, in the case of inventory assets, 70% of the amount of damage was paid as subsidies (hereinafter “the primary support”).
C. The Defendant’s receipt of the Defendant’s subsidy was included in the Defendant’s inventory assets in the Defendant’s factory, which were owned by the Plaintiff Company. However, given that only the Defendant, which is a relocated company, was entitled to apply for subsidy, the Plaintiff Company had the Defendant report the amount of damages on the Plaintiff’s inventory assets as KRW 1,571,975,432, the Defendant recognized the amount of damages on the Defendant’s inventory assets as total as KRW 1,571,975,432, and paid KRW 1,100,382,80 to the Defendant on September 30, 2016 as inventory assets.
Plaintiff
Around October 13, 2016, the Plaintiff Company confirmed that the Defendant received KRW 600,000,000 from the Defendant by mutual consent of KRW 1,412,268,816 to “the amount reported to the Government” and that the Defendant received KRW 600,00,000 from the Defendant. At the same time, the Plaintiff promised to waive all rights to raw and secondary materials located within the GIC owned by the Plaintiff.