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(영문) 서울고등법원 2019.08.23 2019나2019755
손해배상(기)
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. The reasoning for this Court’s explanation is as follows: (a) the entry of “1. Basic Facts” in the first instance court’s “the Minister of Land, Infrastructure and Transport” in the second 19th 19th 19th 19th 2th 2th 2th 2th 200 is the same as the entry of “the first 1. Basic Facts” in the

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, the Plaintiff: (a) organized a consortium to invite investors and invest enormous design costs, etc.; and (b) received a proposal on B (name on the side of 3,000 including feasibility study and design books) from the Ministry of Construction and Transportation, which is the department in charge; (b) filed a request with the Public Investment Management Center of the Korea Development Institute within 30 days from the date of receipt, unless it falls under Article 7(2) of the Enforcement Decree of the Public-Private Partnerships Act; and (c) as a result, the competent authority shall request the Public Investment Management Center of the Korea Development Institute to review the proposal within 30 days from the date of receipt; and (d) notified the adoption of the proposal in accordance with the result, or shall proceed with the procedure of designating the project implementer through the public announcement of the contents of the proposal; (e)

3) The instant project is consistent with the superior plan and the policy of the competent authority and is legally and politically reasonable to implement the project through a private investment project rather than the Korea Highway Corporation’s own investment. Therefore, the disposition rejecting the proposal submitted by the Plaintiff is unlawful and unjust. Accordingly, the Defendant is liable for all the Plaintiff’s damages incurred by the Plaintiff in preparing the B project proposal. If the amount of damages is calculated in accordance with the standards for construction technology service costs, etc. under Article 2015-472 of the Public Notice of the Ministry of Land, Infrastructure and Transport, the amount of

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