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(영문) 창원지방법원 2015.06.10 2014가합6268
채무부존재확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 19, 201, the Defendant, the Busan Jin-gu Office submitted a business contract concerning the development project of C (hereinafter “C”) located in Busan Jin-gu Busan (hereinafter “C”) to the Busan Jin-gu Busan Metropolitan Council (hereinafter “C”), and on October 21, 201, after obtaining approval for the modification of the public property management plan at the Busan Jin-gu Council, the Defendant, the Busan Jin-gu Office prepared the instant public property recruitment guidelines and announced the recruitment of private project implementers on January 20, 2012.

B. On November 30, 2012, Defendant Jin-gu Office selected Defendant A as a potential concessionaire, and entered into a concession agreement on the instant project of KRW 41.275 billion (hereinafter “instant concession agreement”). On December 5, 2012, Defendant A designated Defendant A as the project implementer of the instant project, the main contents of the instant concession agreement are as follows.

Article 7 (Rights of Project Implementer) (1) The head of Busan Jin-si shall grant the project operator the qualification, authority and right to perform the following acts:

1. Article 16 (Creation of Contract for Construction of Project Facilities) (1) Unless otherwise provided for in this Convention, the procurement of funds to carry out the project of this case shall be promoted under the responsibility of the project operator, and all expenses incurred by the project operator shall be borne by the project operator in connection with the procurement of funds after the execution of this Convention.

(2) A project operator shall input funds in accordance with the agreed investment schedule after obtaining approval of the implementation plan under the concession agreement from the head of Busan District Office in accordance with the implementation plan.

Article 17:Raising of Equity Capital and

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