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(영문) 춘천지방법원 2018.01.10 2017가단52739
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 15, 2014, Plaintiff A received a comprehensive waste treatment recycling business business plan with Gangwon-gun C land (hereinafter “Dagricultural and industrial complex”) as the planned area for business. On December 2, 2014, Plaintiff A received a comprehensive waste treatment recycling business plan from the Defendant to the Defendant. On December 2, 2014, Plaintiff A examined that “general waste recycling business constitutes a waste disposal business under the Wastes Control Act,” and it does not fall under manufacturing business under Article 2 of the Industrial Cluster Development and Factory Establishment Act, Article 2(1) of the Enforcement Decree of the Industrial Cluster Development and Factory Establishment Act, and Article 2(1) of the Korea Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea, and thus, it was considered that Plaintiff A was not an enterprise eligible for occupancy in the Korea Standard Industrial Complex.”

B. On July 9, 2015, Plaintiff A again received to the Defendant a comprehensive waste disposal recycling business business plan with the land of Gangwon-gun E (hereinafter “instant land”) as the planned project area.

C. On August 11, 2015, the Defendant notified the Plaintiff A of the fact that “Although subject to consultation on permission for development activities under the National Land Planning and Utilization Act, it constitutes manufacturing business under Article 2 of the Industrial Cluster Act and Article 2(1) of the Enforcement Decree of the same Act, it constitutes the subject of registration of a factory.”

Plaintiff

B Co., Ltd. was established on August 24, 2015 by making the Plaintiff A as an internal director.

E. After that, on March 3, 2016, the Defendant again notified the Plaintiff A of the failure to comply with the comprehensive waste treatment recycling business plan.

(F) On March 3, 2016, the Commissioner of the Statistics Korea collected wastes (waste synthetic resin, waste synthetic fibres, waste synthetic rubber, waste timber, etc.) from this Court and inquire into the fact of whether activities producing pelF (RDF, RPF, BO-SF) and pelpelpellets are classified under industrial classification, the manufacturing industry or non-designated activities depending on what are the main industrial activities.

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