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(영문) 인천지방법원 2020.06.09 2017가합57867
손해배상 청구의 소
Text

1. The defendant shall pay 65,957,179 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On January 1, 2005, the Plaintiff was a special corporation established by the Korea Railroad Corporation Act to carry out a key industry related to railroad across the country, and was established by converting from the Korea Railroad Corporation pursuant to the Framework Act on Railroad Industry Development and the Korea Railroad Corporation.

The original trade name of the Defendant was “E” but later changed into the “F stock company” and changed into the current trade name. It is a company established for the purpose of domestic and overseas construction, possession, and operation of oil refineries and chemical factories, facilities selling petroleum products and petrochemicals.

B. The Defendant’s donation and the conclusion of a lease agreement between the Plaintiff and the Defendant, etc. (1) around August 1987, the Defendant is the Jung-gu Incheon District Office (Korea National Railroad Administration)’s possession of the Republic of Korea’s land B, 766.4 square meters (hereinafter “instant land”).

2) In addition to the two parcels of land, each of the two parcels of land is “each of the instant land” and “one of the two parcels of land.”

2) On the ground, D oil storage tank facilities for rolling stock oil [2 oil storage tank on the ground (e.g., transit, 600,00L and 2,00L), two oil injectors, two oil distribution units, two water-flow separation machines, two water-flow meters, steel tracks, drain pipes, etc. (hereinafter “instant facilities”).

[2] On January 1, 2005, the State established the land of this case and contributed it to the Republic of Korea for 20 years (the first 10 years, the second 10 years, and the subsequent 10 years, the use for consideration by concluding a loan contract). Article 4 (Investment) (1) of the former Korea Railroad Corporation Act (amended by Act No. 7052, Dec. 31, 2003) which was managed by the Korea Railroad Corporation at the same time as the Plaintiff’s establishment and investment in kind to the Plaintiff (the State), notwithstanding the provisions of the State Property Act, invested the operating assets under Article 22 (1) 1 of the Framework Act on Railroad Industry in kind in the Corporation.

Article 6 (Succession to Rights and Obligations) (1) The Corporation shall, at the same time as its establishment, be invested in kind in accordance with Article 4.

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