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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Defendant concluded a memorandum of understanding on the instant project with B Co., Ltd. (hereinafter “B”) and C (hereinafter “instant project”). Around October 2013, the Defendant concluded a concession agreement with D Co., Ltd. (hereinafter “D”) on the instant project implementation company (hereinafter “instant concession agreement”), and B consented to the conclusion of the said concession agreement.
The main contents of the instant concession agreement relating to the instant case are as follows.
Article 3 (Contents and Scale of Business) (1) The project is to build and operate the business facilities in the public site of the defendant who provides the right to use for a cost, and its detailed details are as follows:
2. The location where the power plant is to be constructed means the following location where the public site provided by the defendant to the engineer is located.
(1) Parking lot E: F, G, and H ② I: K parking lot in Thai City J3 in Thai City. K parking lot in Thai City. (4) M parking lot in Thai City: N,O, and P, in Thai City: Q side parking lot in Thai City: R in Thai City.
3. The scale of facilities shall be approximately 1,328kW of solar power generation facilities.
E Parking lot: 254.8kW (2) I: 95.58kW (3) K parking lot: 244.26kW (4kW): 339.84kW (5 Q next parking lot): 39.94kW
4.The size shall be on the basis of the public site designated by the Defendant, and the size shall be determined by mutual agreement after formulating the project implementation plan.
6.Except as otherwise provided for in this Convention, a project zone, project content and facility may be modified through a separate agreement procedure in accordance with all the circumstances arising in the course of authorization, permission and project implementation.
Article 4 (Business Period) The business period of the project shall be 12 years from the date on which solar power infrastructure first commences commercial development (referring to the date of reporting the commencement of the project stipulated in Article 9(4) of the Electric Utility Act and Article 8 of the Enforcement Rule of the same Act) after concluding the contract
Article 6 (Provision of Public Site and Fees) (1) The defendant shall provide the executor with the public site required for the project.