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(영문) 서울동부지방법원 2016.06.03 2015가합100523
구상금
Text

1. The Defendant’s KRW 133,720,746 for the Plaintiff and KRW 6% per annum from December 5, 2015 to June 3, 2016.

Reasons

Basic Facts

The status of the parties in the labor-won School Management Co., Ltd. (hereinafter referred to as “labor-won School Management”) is a special purpose corporation established to implement the reconstruction and lease-lease project (hereinafter referred to as “the instant project”) of Seoul New Year’s School, a offset elementary school, a set-off elementary school, a set-off elementary school, a set-off middle school, a year middle school, and an elementary school (hereinafter referred to as “new year”), a set-off elementary school, a set-off middle school, and a year middle school, respectively.

The original and the Defendant and the Sungwon Construction Co., Ltd. (hereinafter referred to as the “Ssiwon Construction”), and the Industrial Development Co., Ltd. (the first of the political party was the National General Construction Co., Ltd., and was merged to the Industrial Development Co., Ltd. on December 23, 2008; hereinafter referred to as the “Smi Industry Development”) are the construction investors in the management of Nowonwon School (hereinafter referred to as the “instant construction investors”).

On November 21, 2006, the Seoul Metropolitan Office of Education (hereinafter referred to as the "Seoul Office of Education") concluded a concession agreement between the Nowon-gu Office of Education and the Nowon-gu Office of Education (hereinafter referred to as the "Seoul Office of Education") on the project of this case on the basis of the Act on Public-Private Partnerships in Infrastructure, and concluded a concession agreement on the project of this case on October 30, 2007 between the management of Nowon-gu School.

According to the above concession agreement, (1) the funds invested by the project implementer for the construction of facilities shall be recovered from the ex post facto rents (Article 2(2)), (2) the project implementer shall commence the construction within 14 days after obtaining approval for the implementation plan (Article 23(2)), (3) where the project implementer exceeds the scheduled date for the completion of construction, he/she shall pay the penalty for delay from the date following the scheduled date for completion of construction as prescribed by Article 90 of the Enforcement Decree of the Act on Contracts to Which the Local Government Is a Party and Article 75 of the Enforcement Rule of the same Act

(Article 28, Paragraph 1) is defined.

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