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1. The defendant shall pay to the plaintiff KRW 288,978,260 as well as 12% per annum from June 30, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company running the leather product production business, etc., and the Defendant’s representative C is a person who operated the “D”, which is a sewing company, within the Gansung Industrial Complex in North Korea (hereinafter “Kansung Industrial Complex”).
B. Although the Plaintiff wanting to operate a manufacturing business by using factory facilities, etc. within the GIC, it is not allowed to newly enter the GIC into the GIC. However, in consideration of the following: ① purchase of 50% of the assets, such as factory facilities, human resources, etc. of C, which had already been equipped with factory facilities, etc. within the GIC, in order to conduct a separate business from C by using them; ② the GIC cannot conduct economic activities in its name; and ② the current C operation system cannot be maintained as it is by the change in the above business method; and ② the head of the NIC cannot maintain the current C operation’s “D” system,” the Plaintiff and C newly establish the Defendant 50% of each share as “the head of the NIC with the approval, etc. for a cooperative project under the Inter-Korea Exchange and Cooperation Act, and ③ the head of the GIC has been independently divided into the first business operation in the name of the Defendant within the GIC, and the head of the NIC in the case of internally divided into the two business units operated by C and the Plaintiff, respectively.
(c)
On February 2016, the Plaintiff and the Defendant were no longer able to engage in economic activities, such as producing goods, etc. within the GIC due to closure measures of the GIC by the GIC and suffered losses that could not be entirely taken out of factories, raw materials, etc. installed within the GIC.
As a result of the investigation of the damage amount of the above occupant enterprise by the E accounting corporation, the damage amount of the defendant's current assets is determined to be KRW 1,938,150,635, and the damage amount of the current assets is determined to be KRW 1,938,150,635.