손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The plaintiff's selective claims added in the trial are dismissed.
3. Filing an appeal;
1. Basic facts
A. Under Article 10 of the former Public-Private Partnerships Act (amended by Act No. 7386, Jan. 27, 2005; hereinafter “Private Investment Act”) on April 15, 2000, the Ansan City is a project of building a golf range in a citizen park (hereinafter “the project in this case”).
(BTO, Buil-Transfer-O means of non-public-private partnership projects, upon completing the construction of the facility and transferring ownership to the government or local governments, were publicly notified by a private project operator as a means of granting management and operation rights for a certain period of time to the private project operator, and thereafter the Plaintiff was selected as the project operator of the instant project.
B. As above, the Plaintiff selected as the concessionaire of the instant case entered into a concession agreement with the Defendant on January 2002 with respect to the instant project; hereinafter referred to as “instant concession agreement”).
(1) The purpose of this Convention is to provide for the following matters: (i) The purpose of this Convention is to provide for matters necessary for the complete implementation of projects in a citizen park and for the management and operation of facilities in accordance with the basic plan for the construction of a driving range in a citizen park in accordance with the Private Investment Act and its Enforcement Decree, the annual plan in 201, and the basic plan for the construction of a driving range in a citizen park.
1. Project name: A project to build a golf practice range in a citizen park;
2. Location: The B Institute in Ansan-si;
3. Site area: 11,560 square meters (3,497 square meters);
4. Period of construction: 180 days from the commencement date.
5. Business scale: Article 11 (ownership and management right of facilities) (1) The ownership of a golf driving range and facilities constructed by the Plaintiff shall belong to the Defendant at the time of completion, and the Defendant shall be a facility for the period of free use for nine years from the date of notification of the commencement of the business to the Plaintiff.