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1. The Defendant’s KRW 6,445,150 as well as the Plaintiff’s KRW 2.46% per annum from January 18, 2015 to June 2, 2015.
Reasons
1. Basic facts
A. The conclusion of the instant concession agreement and the commencement of the operation of the instant business facilities 1) The Defendant, even though the daily amount of livestock wastewater generated in the king area within the jurisdiction of 959.2 tons, did not properly treat livestock wastewater and caused water pollution, etc., as the king Livestock Wastewater Treatment Business Office, which was already in operation, did not properly treat livestock wastewater. On or around August 2003, 200, the reinforcement work for the improvement of the livestock excreta collection system and the livestock wastewater treatment facilities, as well as the construction for the improvement of the livestock excreta collection system and the construction for the improvement of the livestock wastewater treatment facilities, was partially amended by Act No. 10983, Aug. 4, 201; hereinafter
(2) On March 1, 2003, the Plaintiff, a special purpose company, established pursuant to the Act on Public-Private Partnerships in Infrastructure, proposed a project to improve the living environment of the special zone of the king and to strengthen the livestock excreta public disposal facility (hereinafter “instant project”), and the Defendant selected the Plaintiff as a potential concessionaire for the instant project on May 1, 2007, through the notice of the third party proposal, on May 1, 2007.
[This case’s concession agreement] The term “project operator” in the terms of the agreement refers to the Plaintiff, and the term “competent authority” refers to the Defendant, respectively.
Article 3 (Definitions of Terms) (1) Unless otherwise provided in this Convention, the definitions of terms used in this Convention shall be as follows:
12. Management and operation rights: The concessionaire may gratuitously use and benefit from the facilities as determined by the concession agreement and maintain and manage such facilities and collect a user fee from the users of the facilities after completion of the construction.