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(영문) 대전지방법원 2015.10.16 2015나102086

공사대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a public corporation established for the purpose of the development, power generation, transmission, transformation, distribution of power resources established under the Korea Electric Power Corporation Act, and the business related thereto, and is designated as a market-type public corporation by the Minister of Strategy and Finance pursuant to Articles 4 and 5 of the Act on the Management of Public Institutions. The Defendant is a public corporation established for the purpose of developing and developing the power resources as the Plaintiff’s subsidiary holding 1

B. The Plaintiff, as an operator of the electric transmission business or an operator of the electric distribution business, has stipulated the rules on the use of electric installations for transmission and distribution purposes (hereinafter “the rules on the use of electric installations”) under Article 15(1) of the Electric Utility Act, and the Plaintiff and the Defendant concluded four construction contracts with respect to the Defendant’s connection facilities for transmission with the Ministry of Bonified Power Headquarters as follows (hereinafter “instant contract”) in accordance with the use rules of the instant case.

Serial 1: The contract amount (Additional tax settlement) for the construction period on the date of the contract for the order of construction (Additional tax settlement), 345 km, 345 Traz., May 19, 201, 201; 9,983,000 won from May 24, 201 to May 27, 201; 1, 201; 206.6.6.6.7.6.6.6.6.7.6.6.7.20, 201; 141.6.6.6.6.6.6.6.6,640; 141.79; 793; 482.35-5.66.4.6.6.6.6.25.25.206.25.204.6.6.6.201.

C. In common, the instant contract concluded by the Plaintiff and the Defendant is governed by Article 60 of the Rules on Use of the instant case.