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(영문) 창원지방법원 2017.06.13 2016구합51342
압류처분 무효확인 등 청구의 소
Text

1. Article 16(2) of the Convention between the Plaintiff and the Defendant on the Trust Operation of Hospitals Specializing in the Gwanak-gun Elderly on September 8, 2011.

Reasons

1. Details of the instant case

A. The defendant is a local government that establishes and operates the Si-Gun Specialized Hospital for the Aged (hereinafter referred to as the “Si-Gun Special Hospital”). On September 8, 201, the plaintiff entered into an agreement on the entrustment of the Gun Specialized Hospital for the Aged (hereinafter referred to as the “instant agreement”) with the defendant, and is entrusted with the operation of the instant hospital by the defendant. (B) The defendant is to establish the instant hospital by means of a leased private investment project under subparagraph 2 of Article 4 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as the “Private Investment Act”) in order to promote the medical welfare of the aged citizens of the Gu-Si-Gun. The defendant is to establish the instant hospital by means of a leased private investment project under subparagraph 2 of Article 4 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as the “Private Investment Act”), and on April 27, 2009, a health care supervisor of the Ga-Ma

(2) The concessionaire, pursuant to the above concession agreement, constructed the instant hospital and donated it to the Defendant, and received the management and operation rights of the instant hospital for 20 years from the Defendant.

3) According to Article 42 of the aforesaid concession agreement, the standard expenses for the Defendant’s operating expenses to be paid to the concessionaire are KRW 5,801,00,00 in total ( KRW 3,934,00,00 in total) as of December 29, 2008, and the specific details of operating expenses from 201 to 2016 are as specified in the following table (Evidence A7). Meanwhile, the main contents of the said concession agreement are as stated in the attached Table 46 94: 42 operating expenses for 945 946 946 for the year of KRW 946 9454 for 946 946 94 for the year of KRW 9456 9454 for the year of KRW 94654,594 for the year of KRW 942594 (based on irregular base 17, 2014 2594259425494549494549494549494.

C. The conclusion of the instant agreement between the Plaintiff and the Defendant 1.

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