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(영문) 대전지방법원논산지원 2020.08.13 2020가단10636
대수선비 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The purpose of Article 1 (Purpose and Outline of the Convention) (1) The purpose of this Convention is to prescribe matters necessary to implement this project in accordance with the Public-Private Partnerships Act, its Enforcement Decree, its instruction for proposal, and its basic plan for infrastructure project, between the competent authority and the Environmental Management Corporation

(2) The scope of this project and the scope and scale of this project and facilities shall be as specified in Appendix 1 (Abstract of this Project).

(3) This project shall be carried out by the parties at each stage of the following subparagraphs as a contract and work under this Convention:

Environmental Management Corporation by the competent authority

(2) Funds invested by a project operator for the construction of facilities shall be recovered from rents for facilities calculated and paid in accordance with the provisions of this Convention, and expenses incurred in the operation of such facilities shall be recovered from operating expenses.

Provided, That when promoting a supplementary project, the funds invested by a project operator for the construction of the supplementary project facilities shall be recovered from net profits from the operation of the supplementary project.

47. (Definition of Terms) The term "operating expenses" means personnel expenses, maintenance and management expenses, replacement of operating facilities, incidental expenses, and all other expenses for the maintenance, management and operation of the business facilities received by a project implementer from a competent authority in accordance with this Convention for the period of the establishment of management and operation rights.

51. the term “maintenance” means activities necessary for the ordinary inspection and maintenance of facilities, the restoration to the original state of damaged parts, and the improvement, repair and reinforcement of facilities which are required due to the passage of time, for the purpose of preserving the functions of such facilities and for the convenience and safety of the users thereof;

69. The term "sewage culvert facilities" means all sewage conduits, Man-man, drainage facilities and connection conduits, other accessory facilities, and facilities for the maintenance and management of sewage conduits, which shall be provided for the maintenance and management of sewage conduits in accordance with this Convention.

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