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(영문) 서울고등법원 2014.08.20 2013누23210
우선협상대상자지정처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 10, 2006, the Plaintiff newly established a mining sewage treatment plant in tin, two weeks, in accordance with Article 4 subparagraph 1 of the Act on Public-Private Partnerships in Infrastructure (hereinafter “Private Investment Act”), and submitted to the Defendant a letter of intent for private investment in the sewerage facilities expansion project with the content of installing the sewage culvert attached to the luminous surface and the White-si in the two weeks, respectively.

B. On September 1, 2008, the Defendant: (a) conducted a project to install optical sewage treatment plants and sewage conduits attached thereto (hereinafter “the instant optical sewage culvert project”) using BTO as the original design; (b) conducted a project to install a single sewage culvert, etc. (hereinafter “the instant white sewage culvert project”); and (c) converted the instant optical sewage culvert project into BTL method under Article 4 subparag. 2 of the Private Investment Act (hereinafter “BTL method”) separately from the instant optical sewage culvert project and the instant white sewage culvert project, and converted into BTL method under Article 4 subparag. 2 of the Private Investment Act (hereinafter “instant project”).

C. On February 2, 2009, the Defendant entered into an entrustment agreement to entrust the Environmental Management Corporation with the basic design management and construction management supervision for the implementation of the instant project. On August 31, 2009, the Defendant publicly announced the designation of the instant project.

Accordingly, on November 30, 2009, the consortium Co., Ltd. (tentative name) in which the Plaintiff participated as the representative company (hereinafter “Plaintiff Co., Ltd.”) submitted a business plan for the instant white sewage culvert business on November 30, 2009, and the Defendant designated the Plaintiff Co., Ltd. as the priority bidder for the instant white sewage culvert business on December 30, 2009.

Meanwhile, on May 11, 2010, the Plaintiff et al. established on December 2, 2010 (hereinafter “YU”) and the Defendant concluded a concession agreement on the instant optical sewage culvert project.

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