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(영문) 광주지방법원 2017.08.10 2016가합50032
손해배상(기)
Text

1. The defendant's KRW 295,574,240 to the plaintiff Il Construction Co., Ltd. and KRW 54,450,000 to the construction of Geum River Co., Ltd. and the above amount.

Reasons

1. Basic facts

A. The Defendant’s public notice of the Defendant’s basic plan for private investment facilities project for the creation of the Korea General Welfare Complex (hereinafter “instant project”) is a project that creates a “Korea General Welfare Center” at the 462-10 Japanese unit at the Hanan-nam National University, Newan-gun, Newannam-gun, Seoul.

section 10 of the Act on Private Participation in Infrastructure (hereinafter referred to as the “Private Investment Act”).

(2) On November 25, 2005, the Defendant, on May 9, 2006, revised the location of the instant project and the size of its facilities, and re-announceed the instant basic plan (hereinafter “instant public notice”) under Article 10 of the Private Investment Act.

3 The main contents of the instant notice are as follows.

Re-public notice of the master plan for private investment facilities projects for the new Military Welfare Center;

1. Project outlines - Location of major project outlines - 492-65 daily source - 31,405 square meters of land site, 9,445 square meters of land: 15,200,000 square meters of land (excluding additional taxes, and the standards for the completion of facilities): The construction period: The construction period 540 days from the commencement date: The project implementer shall contribute the facilities to the State at the time of the completion of the construction and recover the investment expenses by means of BTL (Bud-Trfer-Lease) method, which is paid by the State; and

(b) Qualifications for an applicant for the master plan for facilities project: A project applicant shall be at least 10% of the minimum equity capital as an existing corporation or a corporation to be incorporated at home and abroad, and where the project applicant is comprised of at least five investors, the shareholding ratio of the highest investor shall be at least 25%;

(b)Calculation and payment of government subsidies - Government subsidies shall consist of rent for facilities and operating expenses, and the facility rent shall reflect the project rate on the private investment cost invested by the project operator.

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