beta
(영문) 청주지방법원 2014.04.10 2013가합25221

손해배상

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed factual basis

A. The Defendant entered into the instant agreement 1) The F development project to create a size of 857.541 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and D, as a E industrial complex (hereinafter “instant development project”).

(2) On November 11, 2008, the Plaintiff Company A (hereinafter “Plaintiff A”) submitted a letter of intent to participate in the instant development project to the Defendant on June 16, 201, and on July 7, 201, the Plaintiff and the Defendant concluded a concession agreement for the implementation of the private development project (hereinafter “instant agreement”) including the following matters.

Article 5 (Bearing of Project Costs) (1) The defendant shall secure the national subsidies for infrastructure projects (entry roads, water supply facilities, and wastewater terminal treatment facilities) prescribed by the Industrial Sites and Development Act, etc.

2. The plaintiff A shall bear all expenses incurred in the development project under Article 3 (2) of the present Convention after entering into the agreement.

(The items to be borne by the group are as follows):

2. Road construction and packing works in a complex;

3. Construction works of waterworks and sewerage facilities in a complex;

4. Other works for appurtenant facilities in a complex.

5. Compensation within the project area (land and obstacles);

6. Service costs incurred in implementing an implementation plan due to the implementation of the project, working design costs, supervision costs, compensation for entrusted expenses, fixed survey costs of a district plan, and all other fees incurred in implementing the project;

Article 8 (Apportionment of Business Affairs) (1) The defendant shall perform the following affairs:

1. Support for various matters following the change of a project implementer or the application and approval of an implementation plan;

2. Acquisition and management of public facilities after completion of a project;

3. Other administrative support for solving civil petitions and general affairs related to the authorization and permission due to the implementation of projects.

4. Plans and construction of infrastructure subject to support;

5. Administrative support for the compensation of land, obstacles, etc. (the vicarious execution of compensation duties when concluding a compensation entrustment agreement);