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(영문) 부산지방법원 2018.07.18 2016가합43394

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The Defendant is a juristic person established for the purpose of managing and operating ports as referred to in paragraph (2). The Plaintiff is a company running logistics business, such as harbor loading and unloading business, by transferring from the Defendant the “the steel invoice site, ancillary facilities, and building for operation” on the south side of paragraph (2) (hereinafter “the steel invoice in this case”). The steel invoice is a company that stores container cargoes for railroad transportation, or refers to the place where container containers transported are loaded, loaded, unloaded, and unloaded).

Under Article 27 of the Port Authority Act, the Defendant was scheduled to receive free loans of the instant steel invoices, which are state-owned and public property, and requested C Accounting Corporation to provide advice to calculate the estimated amount of sublease for the instant steel invoices.

Around December 2011, C Accounting Corporation submitted to the Defendant a written advisory report stating that annual adequate sub-leases of the instant steel invoice are KRW 583,90,000 (hereinafter “the instant advisory report”).

Ⅱ Selection of operators and assessment plans;

3. Period of exclusive use of facilities: The period of sublease for 20 years or less: The amount within the scope of five years, and the amount proposed by enterprises participating in an exclusive use period of 20 years or less: The rate of increase in rent for sublease - The same shall apply to the rate of increase in rent for new ports.

7. Conclusion of a sublease contract at the annual rent set forth by the contract-making and follow-up management enterprise, and the increase in the rent shall apply the same rate of increase in the rent for new ports each year; and

Ⅲ Guidelines for preparing project applications;

3. Guidelines for preparation by detailed item of the business plan;

B. Chapter 2: (a) the estimated value of 5 million won as the estimated value of KRW 7.5 million as the estimated value of KRW 7.6 million as the estimated value of KRW 7.7 million (0.7) (0.9) (0) the number of 0.8 (0.8) the (1.0) the sub-lease fee for the port steel transmission station in the South-North Port Port of this case (584 million) shall be the lowest amount of the estimated value; and (b) the upper limit shall be as follows: (c) the Defendant publicly announced on December 23, 2011, the main contents of the instant guidance for the selection of the operator of the instant steel transmission station shall be as follows:

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