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(영문) 의정부지방법원 2015.07.17 2014가합57942

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In around 199, the Defendant installed and owned electric poles, tracks, etc. (hereinafter “instant power distribution facilities”) on the ground side of Geumyang-si National Highway 46 lines, local highway 383 lines, and national map No. 86 lines (hereinafter “instant road”) located in Geumyang-si, Geumyang-si, Seoul Special Metropolitan City with permission from the Plaintiff for occupation and use of electric poles and possession thereof (hereinafter “instant power distribution facilities”).

B. C&C Co., Ltd., Ltd., M&M, M&C Co., Ltd., M&C Co., Ltd., Shinnet, Co., Ltd., Ltd., and P&C Co., Ltd., Ltd., (hereinafter “instant telecommunications business operators”) concluded an agreement with the Defendant on the provision, use, etc. of power distribution facilities for the installation of telecommunications lines, and provide neighboring users with communications services, such as super-high speed Internet and cable broadcast, by installing various communications lines, etc. (hereinafter “instant telecommunications facilities”).

C. In order to efficiently manage roads, such as undermining the urban landscape due to electric poles and preventing risks of safety accidents, the Plaintiff entered into an agreement with the Defendant on July 2008 pursuant to the implementation of the project for undergroundization of power distribution lines (A), national highways 46 lines (i.e., the front or flat Dong office, or gold suls) and the implementation of the project for undergroundization of power distribution lines (hereinafter referred to as the “instant agreement”) with the Defendant, with the aim of contributing to the implementation of the project for undergroundization of power distribution lines (hereinafter referred to as the “instant agreement”), and the Plaintiff agreed to share 50% of the expenses incurred therein.

The main contents of the instant agreement are as follows.

Article 1 (Purpose of the Convention) The purpose of this Convention is to promote efficient and smooth execution of construction work by prescribing all matters concerning mutual cooperation in the execution of the undergroundization construction of power distribution lines by the plaintiff and the defendant.

Article 3 (Project Sections and Details) The project sections and the details of this Convention shall be as follows:

1. The project sections of this Convention shall be in front of A.