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(영문) 수원지방법원성남지원 2013.06.12 2012가합22354
인수대금 등
Text

1. The Defendant’s KRW 10,620,958,133 as well as 6% per annum from February 13, 2010 to June 12, 2013 as to the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are corporations established for the purpose of building and managing roads, and conducting other projects related thereto under the Korea Highway Corporation Act, and the construction and management of resting areas and gas stations under the toll roads are also included in the scope of their duties (Article 12(1)5 of the Korea Highway Corporation Act). The Plaintiff is a person operating Daegu-Yan-Yan Highway Highway (68.4km; hereinafter “instant Highway”).

B. On October 22, 2003, the Defendant recruited the project implementer of the instant expressway: (a) published a public announcement to recruit the project implementer to operate the commercial line near the 41km area of the instant expressway (the direction of Daegu to the port) and the Youngcheon Rest (hereinafter “instant resting”); and (b) around November 3, 2003, the Defendant issued a master plan for the private capital inducement project of the expressway resting facilities (the prospectus; hereinafter “instant prospectus”) to the companies intending to participate in the project of the rest area, including Sta Stock Company, around November 3, 2003. The key contents of the instant prospectus are as follows.

Article 3 Project outlines

4. The volume of the target facility traffic 4,442 / day, estimated project cost 21.4 billion won - The area of the service route at a point 12 km away from the port of the Highway in this case and the area of the service route at a point 22 km away from the service route at a point 22 km are scheduled to be completed on December 2004.

Article 9 Construction Work Supervision

1. A project operator shall implement construction works in accordance with design documents presented by the Korea Highway Corporation and implement them in accordance with the guidelines for execution of construction works by the Korea Expressway Corporation;

Article 15 (Standards for Preparing Business Plans)

3.(a)

The traffic volume necessary for calculating the operating revenue shall be calculated according to the value presented in the "presumed traffic volume" in the attached Form.

Article 34 (Management Evaluation and Adjustment of Fees)

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