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(영문) 서울고등법원 2018.06.20 2016나2073345

공사대금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this case, such as the quotation of the judgment of the court of first instance, are the same as the reasons for the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

The following provisions shall be added to the “instant concession agreement” in the third-fourthth judgment of the first instance.

Article 2 (Definitions) (1) Unless the context otherwise provided in this Convention, the terms used in this Convention shall have the following meanings and, unless the context otherwise requires, shall be deemed to include fractional and multiple terms:

Terms not defined otherwise in this Convention, as defined in the Private Investment Act, have the meaning defined in the Private Investment Act.

17. Price fluctuation expenditure: A reserve fund to prepare for any change in the project cost incurred from September 30, 2005 to the completion of this project facilities, which is the base date for price calculation.

26. The term "subsidies" means one of the financial support provided for in Article 53 of the Private Investment Act, which is the grant without any repayment that the Government pays to any project operator during the period of construction and the ownership of facilities under this Convention;

41. User Fees: usage fees under the Private Investment Act collected by a project operator in return for the use of this facility from the user.

46. The period of the possession of facilities: the period during which the project implementer holds the ownership of facilities related to the project and, except as otherwise provided for in this Convention, it means the period from the commencement date of operation to the ending date of the period of the ownership of facilities under Article 6 of this Convention

50. Reserve fund: The total amount of expenses required due to price fluctuation during the period of construction.

60. Revenue from rents: Revenue acquired by the project operator due to the lease of facilities for this project;

77. General project cost: This is the total project cost calculated pursuant to Article 22 (1) of the Enforcement Decree of the Private Investment Act.