1. On November 28, 201, the Defendant’s private investment projects for optical sewerage facilities in both weeks for the Plaintiff.

Details of the disposition

Plaintiff

Plaintiff

On December 2, 2010, a corporation was duly established and used the name “(tentative) Yangju Environment Co., Ltd.” at the time of conclusion of the concession agreement, but collectively referred to as “Plaintiff.” On May 11, 2010, the term “the instant concession agreement” (hereinafter referred to as “the instant concession agreement”) was concluded between the Defendant and the Defendant. The main contents of the agreement are as follows.

(2) A person who is designated as a project implementer pursuant to paragraph (1) of Article 6 shall establish a project implementation corporation and submit the results thereof to the competent authority before an application for approval of an implementation plan is filed under Article 18.

In such cases, a project implementation corporation shall be established according to the plan for establishment of a corporation submitted at the evaluation stage to select a potential concessionaire of the project, except as otherwise provided for in this Convention.

(3) If a person designated as a project implementer fails to establish a project implementation corporation pursuant to paragraph (2), the designation of the project implementer becomes void.

Article 8 (Duties of Project Executors) (3) Unless otherwise specified in this Convention, the Project Executor shall submit to the competent authority a letter of intent for loans or a letter of commitment for conditional loans presented by creditor financial institutions at the time of the submission of the project proposal by changing it to a letter of intent for loans or a letter of commitment for loans

Provided, That where a non-conditional loan guarantee is submitted, the project implementer shall revise the loan agreement to the competent authority within two months from the date of submission.

Article 18 (Approval of Implementation Plan) (1) The project executor shall apply to the competent authority for approval of the implementation plan under Article 16 of the Enforcement Decree of the Public-Private Partnerships Act within 120 days from the date of conclusion

Provided, That where the competent authority deems it inevitable, the period may be extended only once within the extent of 90 days.

Article 28 (Performance Guarantee) (1)