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(영문) 의정부지방법원 2018.08.29 2018가단100731
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a company mainly for the manufacture of clothes and the wholesale and retail business of clothing, and the defendant is a company that manufactures clothing as an occupant company of the GIC under the Inter-Korea Exchange and Cooperation Act.

B. If the Plaintiff and the Defendant supplied the Defendant with the raw and subsidiary materials, the Plaintiff entered into a clothing processing contract under which the Defendant would supply the processed and finished products, and provided the Defendant with the raw and subsidiary materials from February 4, 2016 to the following day under the said contract.

C. As the project of the GIC was completely discontinued on February 10, 2016, the Defendant was unable to recover raw and subsidiary materials, finished products, etc. located in the GIC.

The Inter-Korean Exchange and Cooperation Council established in the Ministry of Unification to provide support for damage to enterprises located in the GIC due to the suspension of the GIC has decided to provide support for 70% of the amount of damage by supporting the Inter-Korean Cooperation Fund for the normalization of business.

E. Accordingly, the Defendant agreed with the Plaintiff to receive the above subsidies (hereinafter “instant agreement”).

It is understood and agreed that the Defendant would pay 70% of the amount of loss from current assets to the Plaintiff KRW 67,892,682 of the amount corresponding to 70% of the amount of loss from current assets, and will fulfill the responsibility for the consignment of clothing processing (non-performance

Provided, That if the government will later receive full support or full compensation for losses from current assets at a rate exceeding 70%, the defendant shall also be paid additional to the plaintiff according to the ratio.

F. The Defendant received subsidies of KRW 67,982,682 equivalent to KRW 70% of the Plaintiff’s damages, and paid the Plaintiff on September 13, 2016.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. On November 10, 2017, the Ministry of Unification’s summary of the Plaintiff’s assertion shall undergo a resolution of the Inter-Korean Exchange and Cooperation Promotion Council.

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