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1. The Defendant’s KRW 8,923,610,520 for the Plaintiff and KRW 5% per annum from May 4, 2018 to August 14, 2019.
Reasons
1. Basic facts
A. A. On December 20, 2005, the special planning zone 2 development project zone in the B housing site development project zone was designated as B housing site development project zone in Namyang-si, Seoul, D, E, 5,091,574 square meters as the implementer of the defendant (F in the notification of the Ministry of Construction and Transportation), and on December 7, 2006, when it is necessary to accept creative development proposals through the current design, etc. from among the three special planning zone in the above zone, or when it is anticipated that a considerable period of time will take place in the formulation and realization of the plan and it is necessary to establish a separate development plan (No. 2858 of the Ministry of Land, Transport and Maritime Affairs Directive). This is established (No. 2858 of the Ministry of Construction and Transportation’s notification). The defendant made a project to develop a large-scale commercial facility in the special planning zone 2 (hereinafter “the project of this case”) and provided the land to a public institution or a private real estate development project.
On October 4, 2007, the public invitation guidelines were distributed on October 4, 2007.
(hereinafter referred to as “instant public invitation guidelines.” Of the contents of the above public invitation guidelines, the part related to the instant case is as follows: (a) Article 2 (No. 2) of the Guidelines for Public Invitation of Private Business Operators of the B Complex PF Complex (Evidence A). The definitions of terms used in the Guidelines are as follows.
8. The term "private business expenses" means the amount calculated by multiplying the total business expenses by the equity investment ratio of the project company of the private business operator on the business plan.
Article 14 (Payment of Performance Bond) (1) In order to guarantee the implementation of a project agreement under Article 13, a person subject to preferential negotiations shall be the performance bond for an agreement equivalent to 5% of the private project cost.