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(영문) 서울중앙지방법원 2015.05.29 2013가단302769
구상금
Text

1. The Defendant: (a) KRW 2,307,941,040 for the Plaintiff and 6% per annum from September 10, 2013 to October 14, 2013 for the Plaintiff.

Reasons

1. Basic facts

A. On February 25, 2010, the Plaintiff’s Intervenor entered into an agreement with the D Merchants’ Association (hereinafter “project implementer”) selected as the project implementer of the project that is conditionally entrusted to the private sector by the C Underpasses of Seoul Special Metropolitan City on the following terms:

(hereinafter referred to as the “instant Convention”). Among the instant Convention, the major contents pertaining to this case are as follows:

Article 1 (Purpose and Outline of the Convention) (1) The purpose of this Convention is to provide for matters necessary for negotiations prior to the conclusion of a loan agreement with a conditional project operator of the Seoul Metropolitan Government underpasses.

Article 2 (Definitions of Terms)

8.The term "operating period" means the period for which the concessionaire holds management and operation rights relating to the business in question, and the period from the commencement date of the loan agreement to the expiration date of the management and operation rights pursuant to the loan agreement, as specified in Article 6 (Operation Period) shall be ten years from the commencement date of operation.

Article 11 (Total Construction Costs) (1) The total construction cost shall be KRW 47,183,796,000, written in the tender price submitted by the project operator to the GEPS at the time of tender.

Article 17 (Period of Construction Works) (1) The whole period of construction of the project shall not exceed 12 months.

Provided, That the commencement of construction shall be commenced within 12 months from the commencement date of loan period.

Article 31 (Establishment of Loan Period and Grant of Management and Operation Right) (1) The total loan period shall be ten years and shall be renewed every one year (from February 24, 2010 to February 23, 2020).

Provided, That the construction shall be commenced within one year from the commencement date of the loan period, and the construction period shall be excluded from the loan period.

Article 33 (Determination of Rent and Management Fee) (2) The first year loan shall be the amount (including 9,772, 830,000 won and value added tax) specified in the proposal for the bid price by the project implementer, and the rent for the second year shall be the period after the second year Article 31 (3) of the Enforcement Decree of the Public Property and Commodity Management Act.

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