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(영문) 수원지방법원 2019.04.25 2018구합68750
배정신청 거부처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company whose business purpose is port loading and unloading business.

B. The Plaintiff, upon executing and completing the new construction work of B, was to use the wharfs free of charge from April 26, 2006 to August 2019. ② The Plaintiff was to use the wharfs free of charge from July 2, 2009 to January 2, 2021 upon completing the new construction work of C, which is a harbor facility.

C. The Plaintiff, along with D Co., Ltd. and E Co., Ltd. (hereinafter “E”), implemented “harbor construction works with the F non-management authority” (hereinafter “instant construction works”) in total project cost of KRW 76,431,617,700, and completed January 26, 2018.

On June 18, 2018, in order to preserve KRW 11,464,742,655 of the total project cost of the instant construction project, the Plaintiff filed a first application with the Defendant for the use of harbor facilities free of charge as specified in the following table:

) The amount of the port name investment expense reserve item (the plaintiff at Pyeongtaek-gu and the party name plaintiff at the original period stated the "Pyeong-gu Port" but appears to be a clerical error.

Until an amount equal to the total project cost of 1,464,742,655, the charges for the use of military harbor facilities, the charges for the entry of cargo into port facilities, the charges for the use of Incheon Port Facility from 11,464,742,655, in total, 11,464,742,655

E. On June 26, 2018, the Defendant rejected the Plaintiff’s application for allocation on the ground that “Sacheon Port is the port that establishes the Port Authority and belongs to Incheon Port Authority pursuant to Article 4(4) of the Port Authority Act. The exemption of harbor facility usage fees (investment preservation) under Article 27 of the Enforcement Decree of the Harbor Act excludes the use of harbor facilities under the jurisdiction of the Port Authority, and thus cannot accept the application for allocation.”

F. On July 18, 2018, the Plaintiff’s total project cost of the instant construction project = KRW 10,186,323,540 = the amount reverted to the Plaintiff at the time of the first application = KRW 11,464,742,655.

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