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(영문) 대전지방법원홍성지원 2016.01.12 2015가단5941

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 34,708,030 and the interest rate of KRW 15% per annum from July 24, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 2010, the Plaintiff entered into a contract with the Defendant for the relocation of transmission lines that interfere with the establishment and removal of transmission lines (hereinafter “instant construction”) to the Plaintiff for the purpose of relocating transmission lines that interfere with the establishment and removal of transmission lines between the captain and salt (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 5. The defendant of this case who is the requester for the costs of this project.

(hereinafter the same shall apply)

The plaintiff in this case is the plaintiff in this case when there is an increase or decrease in the project cost due to price fluctuations, design changes, or other changes in conditions.

(hereinafter the same shall apply)

A shall consult with Party A in advance and provide all documents at the request of Party A.

Article 6 The calculation of construction cost and charges shall be based on the Electric Utility Act and related statutes and the accounting rules of government-invested institutions, and related books shall be provided at the request of A.

Article 10. Settlement of Charges

1. The charges shall be determined by the method of settlement determined by B according to the results of the execution of construction works, and the increase or decrease of charges shall be settled immediately between A and B;

Matters not specified in this contract for the application of the standards under Article 13 shall be dealt with in accordance with the "Criteria for the Removal of the Permanent Power Line" of Section B, and matters not specified in this Criteria shall be determined by mutual consultation with Section A and Section B.

B. On December 23, 2010, the Defendant paid the Plaintiff KRW 2,332,00,000 (including value-added tax) to the Plaintiff on December 23, 2010.

C. On January 24, 2013 after completion of the instant construction project, the Plaintiff agreed to KRW 2,199,272,90 (including value-added tax) that remains after deducting the construction cost calculated pursuant to Article 6 and Article 10 of the instant contract from the total amount of KRW 142,548,100.

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