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(영문) 광주지방법원 2016.06.23 2014가합50311
손해배상(기)
Text

1. The Defendant’s KRW 574,578,039 as well as the Plaintiff’s annual 5% from January 30, 2014 to June 23, 2016, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff (competently South Korean University) is the president of the Yancheon University and the Gwangju National University and the Gwangju National University and the Gwangju National University, respectively (hereinafter “Seoul National University, etc.”).

In addition, the Act on Private Participation in Infrastructure (hereinafter “Private Investment Act”) is amended.

) Based on the foregoing Enforcement Decree and the annual plan, each university student life center construction project (hereinafter referred to as “instant project”).

2) Private investment projects include “The ownership of infrastructure shall revert to the State or a local government at the time of the completion of the construction of the infrastructure and the recognition of the project implementer of the right to manage and operate the infrastructure for a certain period of time” (Article 4(1) of the Private Investment Act). “The ownership of the infrastructure shall revert to the State or a local government at the time of the completion of the construction of the infrastructure and the recognition of the project implementer of the right to manage and operate the infrastructure for a certain period of time, but the State or a local government leases and uses the infrastructure for a period of time as determined by the Convention (BTL, Bud-

The term "the ownership of the infrastructure is recognized to the project implementer for a certain period after the completion of construction of the infrastructure and the ownership of the infrastructure belongs to the State or a local government upon the expiration of the period" (Article 4 subparagraph 2 of the Private Investment Act).

B. 1) On September 7, 2005, Jeonnam University and the Defendant established and publicly announced a “Masternam University’s Master Plan for Public-Private Partnership Facilities Project” to promote the instant project by means of BTL between Jeonnam University and the Defendant. Bosung Construction Co., Ltd. and the New Bank, etc., shall be construed as “Ssung Construction Consortium” to participate in the instant project (hereinafter “Ssung Construction Consortium”).

shall be organized by organizing a project plan.

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