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1. Deficits remaining in the business year 2006, limited to Plaintiff A Co., Ltd. on December 7, 2015, and in the business year 2011.
Reasons
1. Details of the disposition;
A. Cc (1-1) projects (2) and C (1-2) projects (1-2) are the methods of “BTO-transport-transfer-transfer-transfer (1-2) projects” and “BTO methods” under the former Public-Private Partnerships Act (2) with respect to infrastructure (2). The former Public-Private Partnerships Act with respect to infrastructure was amended on January 27, 2005 by Act No. 7386, Jan. 27, 2005. The former Public-Private Partnerships Act with respect to infrastructure was amended on January 27, 2005. hereinafter in this context, regardless of the change of legal name, all of the private investment laws are deemed to belong to the State or a local government, and the ownership of the infrastructure concerned belongs to the State or a local government, and the project implementer is entitled to the rights to manage and operate the infrastructure for a certain period of time.
The Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff A”) invested by D Co., Ltd. and E with respect to the instant business No. 1, and the Plaintiff B Co., Ltd. (hereinafter referred to as “Plaintiff B”) invested in D Co., Ltd. on December 9, 200, concluded a concession agreement with the Ministry of Oceans and Fisheries, which is the competent authority, on December 28, 2001.
Each of the above concession agreements included a provision on guaranteeing and recovering user fees that guarantee the shortage or recover the excess if the user fees actually collected fall short of a certain level of the determined user fees or exceeds a certain level.
B. On June 30, 2009, Plaintiff A entered into a concession agreement with the Minister of Land, Transport and Maritime Affairs on the instant projects, and changed Plaintiff A’s shareholder into G limited liability company established by the investment of the Korea Infrastructure Fund (hereinafter “F”), which is the Infrastructure Fund (hereinafter “F”), and reduced KRW 20,209,000,000 out of the existing capital after the change of shareholder, and entered into a subordinated loan agreement with F to the extent of KRW 20,210,000,000 among the existing capital.
Plaintiff .