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(영문) 인천지방법원 2019.08.14 2018가단211319
부당이득금
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 Defendant employed North Korean workers within the Gesung Industrial Complex and operated a factory (hereinafter “instant factory”), and operated a factory in the form of discretionary production upon being entrusted by 12 business partners including the Plaintiff.

Specifically, each business partner's input of their own equipment and necessary human resources and produced products through the labor of North Korean workers in the district determined by each business partner of the defendant factory, and paid the fees for factory use and personnel expenses of North Korean workers to the defendant.

B. The Plaintiff and the Defendant concluded a contract on the consignment of the production of products to the Defendant, and the actual contents were as seen above, the Plaintiff produced the products using North Korean workers in a certain part of the instant factory and paid the Defendant expenses therefor.

(The date of preparation of the contract for the clinical processing of evidence A No. 2 shall be January 2, 2014).

Since the defendant is the operator of the factory of this case, the official act related to the operation of the factory of this case was conducted in the name of the defendant. Accordingly, the procedures for bringing the plaintiff and the defendant into the GIC are as follows.

The Plaintiff released facilities, materials, etc. and entered them into the Defendant, and the Defendant received the export declaration completion certificate (export declaration) in the form of export for bringing the GIC into the Seoul Customs Authority (hereinafter referred to as the “PP”) and then bring into the GIC facilities, materials, etc. into the GP.

In the event that the plaintiff directly transports goods to the GIC, the defendant's person responsible for the defendant's transportation completed the report and sent the report to the plaintiff, and the plaintiff brought the goods into the GIC upon entering the above report.

In the foregoing process, the Plaintiff brought goods into the GIC from August 2012 to August 2015.

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