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(영문) 대구지방법원 2012.02.10 2009가합12683
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is the C University located in Busan City B (hereinafter “C University”)

(2) A school juristic person maintaining and managing the building of this case, each of the buildings of this case is the C students' living hall and research lecture clubs (hereinafter "the building of this case") around August 2007.

Each new construction project (hereinafter referred to as “the instant construction project”) is called

The details of the modified methods of private investment projects (BTL) are as shown in Appendix 1. A facility project (hereinafter “the project”) of this case is called the project of this case.

(2) On October 11, 2007, the Plaintiff was selected as the priority bidder for the instant project on October 22, 2007 after the Plaintiff submitted a business plan to the Defendant on October 11, 2007.

B. The general process of the instant project, including the progress of the instant project, is attached to the attached Form.

2. The description;

1) On April 30, 2008, the Plaintiff entered into a concession agreement and a contract, as a priority bidder, after going through the phase of practical negotiations on the instant project with the Defendant, and subsequently, on April 30, 2008, the concession agreement for the instant construction project (hereinafter “instant concession agreement”).

(2) On the same day, the contract for the instant construction project (hereinafter referred to as “instant contract”).

2) The main contents of the instant concession agreement are as follows: (a) project owner; (b) project owner; (c) application for approval of an implementation plan; (d) investigation; design; construction; and process management; and (b) purchase of operating facilities; (c) acquisition of total private investment funds; and (d) acquisition of the project site; (b) approval of the implementation plan; (v) inspection and completion inspection; and (vi) inspection of completion.

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