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1. A project between the Plaintiff and the Defendant, which was concluded on April 10, 2007, for the Dolsan-Sari-Sari-Sari private investment facilities.
Reasons
1. Basic facts
A. On April 10, 2007, the Plaintiff is a corporation established by the investment of 8 companies, including, but not limited to, inter alia, the projects for the design, construction, lease, management, and operation of railroad facilities. On April 10, 2007, the Plaintiff entered into a concession agreement on the project with the Ministry of Construction and Transportation (hereinafter “Defendant”) affiliated with the Defendant for the project for the promotion of lottery facilities (hereinafter “instant concession agreement”). The Plaintiff is the implementer of the instant project in charge of the construction of railroad facilities and the management and operation of the said facilities under the said concession agreement. The Defendant is the owner of the instant project.
[However, until the conclusion of the instant concession agreement, the Plaintiff was established as a juristic person (the Plaintiff was established on April 25, 2007 after the conclusion of the instant concession agreement).
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1) The Defendant, around March 3, 2005, promoted the instant concession agreement and the progress of the instant project, as the BTL method (i.e., lease-transfer-lease method) (i.e., lease-transfer-lease method after a project operator invested funds to build social infrastructure, and the ownership of the relevant business facilities belongs to the State or a local government at the time of completion and at the same time the project operator is granted the right to manage and operate the relevant facilities for a certain period; however, the project operator leases the facilities to the State or a local government, etc. and collects the investment money after receiving the rental fee during the period of the establishment of the right to manage and operate the facilities; and to this end, on or around June 30, 2006, the Defendant established and publicly announced the instant master plan for the instant project (No. 2006-227 of the Ministry of Construction and Transportation’s announcement) and thereafter (No. 2006-313, Feb. 16, 2006).