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(영문) 서울중앙지방법원 2014.05.21 2013가합59437
지분정산금
Text

1. The Defendants: (a) KRW 313,495,428 for each Plaintiff; and (b) 5% per annum from February 26, 2010 to May 21, 2014 for each Plaintiff.

Reasons

1. Basic facts

A. On September 26, 2008, the Gyeonggi-do Office of Education made a public announcement of the instant project and the conclusion of the instant joint supply and demand agreement (1) on September 26, 2008, pursuant to Article 8(2) of the Act on Public-Private Partnerships in Infrastructure, the Gyeonggi-do Office of Education designated the project for 4 BTL (hereinafter “instant project”). Pursuant to Article 10(3) of the said Act, the Gyeonggi-do Office of Education made a public announcement of the master plan for 2008-59 as the public announcement of the Gyeonggi-do Office of Education pursuant to Article 10(3) of the said Act (the details of the above master plan for facilities are the project location and scale: 340 days from the date of commencement of construction of 5 new construction sites in the Sungnam-si Office of Education:40,294,000,000 won (excluding large air, Fastrack), the total project cost was 40,294,000 won (excluding value-added project implementation schedule).

2) The Defendants are deemed to have been incorporated into a Specialized Construction Corporation for Public Interest around October 15, 2008 (hereinafter “Special Construction Company for Public Interest”).

1) A joint supply and demand agreement regarding the instant project was concluded with the Defendants, and the main contents of this agreement are as follows: (a) determine the agreement with the Defendants to jointly and severally engage in a project for the following construction projects by mobilization of financial, managerial and technical capabilities, personnel, and equipment and materials for the following projects; (b) the name of the project: BTL-transfer-lease (BTL) other than 4 BTL.

2. Contract amount: Determination in a concession agreement;

3. Name of the ordering person: This Agreement of the Office of Education of Gyeonggi-do (Effective Period) shall enter into force at the same time as the signature between the parties and shall terminate at the time of completion of the implementation of the agreement concerned.

Provided, That the project shall be executed for any ordering person or any third person.

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