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(영문) 서울중앙지방법원 2019.04.02 2018가합574153
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the discovery, construction, and operation of infrastructure projects through the attraction of private capital, the attraction of private capital of national infrastructure facilities, investment, operation, etc.

B. On February 20, 2014, the Plaintiff prepared to propose B projects as a public-private partnership project pursuant to Article 9 of the Act on Public-Private Partnerships in Infrastructure (hereinafter “Private Investment Act”) and Article 7 of the Enforcement Decree of the same Act to the Minister of Land, Infrastructure and Transport (hereinafter “Public-Private Partnership Act”). A prior inquiry was made about whether the Plaintiff intended to receive it from the Ministry of Land, Infrastructure and Transport at the time of proposing the said project.

On March 4, 2014, the Minister of Land, Infrastructure and Transport sent a reply to the Plaintiff that “the private sector shall inform the competent authorities of the possible projects implemented by means of private investment.”

C. On May 22, 2014, the Plaintiff submitted B Private Investment Project Proposal (hereinafter “instant Proposal”) to the Ministry of Land, Infrastructure and Transport metropolitan roads and the Ministry of Land, Infrastructure and Transport. On May 29, 2014, the Ministry of Land, Infrastructure and Transport responded that the instant proposal submitted by the Plaintiff was normally received.

On June 19, 2014, the Minister of Land, Infrastructure and Transport issued a disposition to return the instant proposal to the Plaintiff (hereinafter “instant return disposition”), and the reason for the return is that “B project was not determined at the present point of time on the implementation period, etc.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The private sector may propose a project that can be implemented by means of private investment to the competent authority, based on the response of the Minister of Land, Infrastructure and Transport, to organize a consortium and attract financial investors, and invest funds such as enormous design costs, etc. ( Feasibility study).

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