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(영문) 대구지방법원 2016.01.15 2014가합2666
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 16, 2012, Defendant Hadong-gun entered into an investment agreement on the construction of solar power plants (hereinafter “instant concession agreement”) with the Changwon Sorara Co., Ltd. (formerly: Maraco Co., Ltd.; hereinafter “ Changwon Sora”) on the condition that “the installation and operation of solar power plants in the Crossing Docheon Public Market and the Rool Public Market” (hereinafter “instant concession agreement”).

The main contents thereof are as follows:

(Purpose) The purpose of this Convention is to determine the matters necessary for the progress of a solar power plant (hereinafter referred to as “electric power plant”) jointly promoted by the Hadong-gun and Changwon-gu (hereinafter referred to as “Madern-gun”).

Article 2 (Definitions) The definitions of terms used in this concession agreement shall be as follows:

3. The term "object of a project" means a public building, facility, or site under the subordinate Gun/Dong which is necessary for the construction of business facilities and the operation of business;

4. The term "project facilities" means all kinds of solar power generation facilities (such as equipment, facilities, and electricity rooms installed to produce electricity by using solar energy) installed at the expense of a project implementer to implement the project;

6. The term “total project cost” means the total amount of the project cost required for the construction of the project facilities;

Article 4 (Duties of Subordinate Groups) The term "Subordinate Group" shall perform the following duties to promote the "project":

1.In order to ensure the smooth promotion of the Project, sub-groups shall provide for compensation the objects of the Project;

2. Provision of data necessary for design, construction, supervision, etc.;

3.No later than three months after the date of approval of the project plan, the term "original initiative" in Article 5 (Duties of Changwon) of the Act on the Use of Site shall have the following obligations to promote the "project":

1. The full cost-bearing incurred in promoting “project” and operating “electric power plants”;

2. “Power plant” for a period of 15 years (five years thereafter) after the completion of the construction.

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