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(영문) 서울행정법원 2019.04.04 2017구합89100
임대료 지급
Text

1. As to KRW 284,687,963 among the Plaintiff and KRW 100,09,373 among the Plaintiff, the Defendant shall start on July 1, 2017, and the remainder 184,588.

Reasons

1. Basic facts

A. The Plaintiff is a public-private partnership corporation established pursuant to Article 14 of the Act on Public-Private Partnerships in Infrastructure by seven companies, including B, etc. (hereinafter “Private Investment Act”), which is a concessionaire of the “C business” (hereinafter “instant business”).

B. On September 16, 2014, the Plaintiff entered into a concession agreement on the instant project (hereinafter “instant concession agreement”) with the Defendant (the Minister of National Defense) pursuant to subparagraph 2 of Article 4 of the Private Investment Act, and the main contents thereof are as follows.

Article 3 (Adjustment of Terms in the concession agreement of this case)

7. The term "period for construction" means the period from the date of commencement to the date of completion of construction works specified in the implementation plan for the project facilities approved by the competent authority;

36.The term "vis major reason" means a situation or reason (or combination of circumstances or reasons) reasonably unpredictable by a party to the Convention, as it does not belong to any of the parties to the Convention, which makes it impossible or has an unfavorable effect on the performance of its obligations under this Convention.

Force majeure means a direct and significant situation in which the party who claims force majeure has the burden of proof and is unable to overcome the cause despite the reasonable efforts or prevention of the party who needs to cure the cause.

57. “Completion” means the completion of the construction of any project facilities in accordance with this Convention and any implementation plan.

Article 9 (Reversion of Ownership) (1) Ownership of this business facility shall vest in the State simultaneously with the completion of construction of this business facility.

Article 10 (Period for Establishment of Management and Operation Right) (1) Unless otherwise specified in this Convention, the period for the establishment of the management and operation right of this business facility shall be 20 years.

(2) The period prescribed in paragraph (1) shall be completed after all of the facilities are completed.

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