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(영문) 창원지방법원통영지원 2016.11.30 2016가단2788

손해배상(기)

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 means newly installing, replacing, or repairing sewage conduits, relay pumps, drainage facilities, etc. to operate and function as sewage terminal treatment facilities. The Defendant means installing, replacing, or repairing sewage conduits, relay pumps, and drainage facilities.

(2) The term "lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-lease (BTL) prescribed by Article 4 subparagraph 2 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as the "Private Partnerships in Infrastructure") is a method of public-private partnership projects for the construction and operation of infrastructure, and upon completion of construction of infrastructure by a project implementer, the ownership of the relevant project facilities belongs to the State or a local government, and upon completion of construction, the project implementer is granted the right to manage and operate the infrastructure for a certain period of time, and the project implementer is granted the right to manage and operate the infrastructure by leasing the infrastructure to the State or a local government, etc. during the period of the establishment of the right to manage and operate

On January 3, 2008, an agreement was entered into with the Environmental Management Corporation for the implementation of the entrustment of sewage culvert rearrangement projects (BTL).

B. Then, on March 24, 2009, the Defendant: (a) selected the Berne Do Environment Co., Ltd. (hereinafter referred to as the “Berne Do Environment”) as the priority negotiation subject for the instant improvement project; and (b) concluded a concession agreement between the Berne Do Environment on December 17, 2009 and the Environmental Management Corporation (hereinafter referred to as the “instant concession agreement”).

C. From May 28, 2010 to the instant concession agreement, the Berne-gu environment selected three companies, other than the Geum Industrial Co., Ltd., as the Si Construction Corporation (hereinafter “Si Construction”). From May 28, 2010 to improve, replace, and establish the sewerage pipes in the Tong-si.

On October 19, 2012, the Si Corporation is in front of the plaintiff's house (which is the same as the present plaintiff's domicile).