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(영문) 서울중앙지방법원 2017.09.20 2016가합553206

대수선비 반환청구의 소

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1. The Defendant: (a) KRW 9,894,174,882 to the Plaintiff; and (b) KRW 6% per annum from April 29, 2016 to September 20, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is a party to the instant expressway B (hereinafter “instant expressway”).

2) The construction project (hereinafter referred to as “instant project”)

(2) The defendant is a corporation established by the Korea Highway Corporation and established with the purpose of the construction and management of roads and related businesses.

B. 1) The Plaintiff entered into a concession agreement and completed the instant project with the Republic of Korea on January 10, 2005, pursuant to subparagraph 4 subparagraph 1 of the former Act on Private Participation in Infrastructure (amended by Act No. 7386, Jan. 27, 2005) (amended by Act No. 7386, Jan. 27, 2005).

(hereinafter “instant concession agreement”). The main contents of the instant concession agreement are as follows.

Article 1 (Purpose and Scope of Business) (2) of the concession agreement of this case = Total extension L of the scope of business = 38.5 km (Dong Scam L = 17.8 km, South-North Korea L = 20.7 km): East Scam: Dap from Seosung-Scam in terms of e-si in terms of e-si in terms of e-si in terms of e-si in terms of e-si in terms of e-Sified in terms of e-si in terms of e-si in terms of e-Sified in terms of e-si in terms of e-si in terms of e-si in terms of e-si and

This project facility shall belong to the State upon completion upon completion.

(2) The Government shall grant a project implementer the rights to manage and operate infrastructure facilities in accordance with Article 26 (1) of the Act on Private Participation immediately after issuing a completion certificate.

(3) The term of management and operation rights shall be from the date of establishment to the end of the period of free use.

Article 7 (Business Period, etc.) (2) Unless otherwise provided in this Convention, the period of free use shall be 30 years from the commencement date of operation.

provided, however, that the period of construction.