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(영문) 대법원 2016.05.12 2014다216935
정산금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the judgment below as to the ground of appeal No. 1, 205, in order to newly construct an integrated logistics warehouse to store duty-free goods (hereinafter “instant cargo”) to be sold at a bonded store in the Jung-gu Incheon International Airport Free Trade Zone (hereinafter “instant land”) with the defendant on September 20, 2005, the court below erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles of the judgment below, in light of the following facts: (a) the agreement on the implementation of the project of the Incheon International Airport Free Trade Zone; (b) the Convention and the amended Convention (hereinafter “Agreement”) concluded with the defendant on September 20, 2005, and Article 6 (Land Rent) of the Convention, which is the International Airport Free Trade Zone; (c) the Plaintiff passed through the Free Trade Zone (hereinafter “instant land”).

2. According to the reasoning of the judgment below as to the ground of appeal No. 2, the court below held that it is difficult to view that the plaintiff and the defendant agreed to handle the cargo of this case as "international interchange cargo" under the Convention of this case and the amended Convention, and in light of the records, the above judgment of the court below is acceptable.

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