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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 5,056,190,172 as well as the interest rate from April 17, 2012 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a school juristic person that maintains and manages the D University located in Busan Special Metropolitan City C (hereinafter “D”) and is a school juristic person that established and manages the D University. Around August 2007, the Plaintiff established a master plan for public-private partnership projects (hereinafter “instant project”) with respect to D student life center and the construction of research and lectures (hereinafter “D”) around August 2007. Around September 7, 2007, the Plaintiff is the client who announced the instant project and the D University is the competent agency of the instant project.
B. On October 11, 2007, the Defendant Company B (hereinafter “Defendant Company”) participated in the tendering procedure on the instant project. On October 19, 2007, after submitting the Plaintiff’s business plan, the Plaintiff was selected as a priority negotiation subject for the instant project and underwent practical negotiations on the instant project between the Plaintiff and the Plaintiff. On April 30, 2008, the concession agreement on the instant project (hereinafter “instant concession agreement”) and the contract on the instant construction project (hereinafter “instant construction contract”).
The main contents of the instant concession agreement and the construction contract are as follows.
1) Article 1 (Purpose and Outline of the Convention) (1) of the main contents of the instant concession agreement is to provide for the matters necessary for the implementation of the project between the ordering person, the competent agency and the concessionaire (the defendant company) in carrying out the project.
3. Each Party shall carry out the following activities in accordance with this Convention at each stage of the implementation of the project:
A project operator: an application for authorization and permission related to a project, an application for implementation plan, investigation, design, construction and process management, completion of the project facility, purchase of operating equipment, order-raising of total private investment funds, and competent agency: securing and provision of business sites, administrative support, acquisition of authorization and permission on the project owner, approval of implementation plan, supervision of business affairs and inspection of completed matters.