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1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. Defendant’s establishment of a special hospital for the elderly in the Gu-Si/Gun (1) The Defendant is the hospital of this case where the “Special Hospital for the Elderly in the Gu-Si/Gun” (hereinafter “Special Hospital for the Aged”) is a leased type public-private partnership project under Article 4 subparag. 2 of the Act on Public-Private Partnerships in Infrastructure in order
In order to establish, and on April 27, 2009, the White Health Care Officer Co., Ltd. (hereinafter referred to as “White Health Care Officer”) is established.
(2) According to the above concession agreement, the instant hospital was constructed and donated to the Defendant and the Defendant was granted the right to manage and operate the instant hospital for twenty (20) years. At the same time, the instant hospital was leased to the Defendant.
3) According to the above concession agreement, the Defendant shall pay rent of KRW 372,00,000 per annum to a ten-year health care supervisor, and the operating expenses for the maintenance and operation of the instant facilities separately (hereinafter “the operating expenses of the instant facilities”).
(2) The scope of the maintenance, management and operation of the guardian to pay the Fund and the operating expenses of the instant facilities from 2011 to 2016 are as follows: The scope of the maintenance and operation (Article 44 of the concession agreement)
1. Maintenance and management of the instant hospital;
3. Environmental hygiene control of the instant hospital;
4. Provision of information to users of the instant hospital
5. General affairs related to the affairs as referred to in subparagraphs 1 through 4.
6. Other operating expenses (detailed standard) and operating expenses (detailed standard) of the number of revenues in the year (detailed standard) of a concession agreement (detailed standard) as stated in Appendix 1 (Report on Demand for Performance) (Article 42 of the concession agreement): 17, 2011; 579 2539 2539 49 494 494 549 49 49 494 2012012 549 494 25494 201549 26492649426494549 49494264935494549364945494549454945494549454945 6949454946494546494694649464964946496296464641649696464196464646419464646419464649464 94 94194194
B. The Plaintiff and the Defendant entered into the instant agreement.