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(영문) 수원지방법원 성남지원 2018.02.06 2016가합207856

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 110,383.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 31, 2016, the Plaintiff: (a) contracted with the Korea Electric Power Corporation for the installation of vulnerable facilities and equipment (three-time lines) from the Korea Electric Power Corporation (hereinafter “instant construction”); and (b) the Defendant is in connection with the optical cable lines of underground facilities.

B. On September 29, 2016, the Plaintiff completed the instant construction-related administrative procedures conducted in the adjacent road section of Bupyeong-gu, Gyeonggi-gu, Gyeonggi-do, Yangyang-gu, Yangyang-si, which was located in the area of the road. On October 17, 2016, around October 17, 2016, the Plaintiff consulted on the following matters (hereinafter “instant consultation”) with regard to the safety of the excursion ship operation center and communications facilities in Seoul belonging to the Defendant.

Since underground communications facilities are installed in the construction area of the plaintiff, damage to the loss or damage caused by the construction shall be prevented in advance, and the construction shall be implemented in compliance with the following matters in order to ensure the safety of underground communications facilities:

1. When a work plan and excavation work are conducted, the main time shall be avoided by making contact to the branch office/Center concerned so that communication damage does not occur due to the confirmation of the underground facilities and safety measures with respect to the construction section.

2. At the time of carrying out the work, notice to the low-income (Defendant) Center shall be given to have him attend and execute the work.

3. Prior to the implementation of excavation works, attention shall be given to ensure that there is no material in communications facilities at the work site or in the vicinity of the relevant construction works so as not to cause damage to telecommunications cables by performing excavation works and destroying the human resources.

Article 24-6 (Implementation of Excavation Works)

4. When a telecommunications facility is damaged, the project implementer shall be responsible for the damage under Articles 69 and 97 of the Telecommunications Business Act.

5. Other matters necessary for cooperation and safety measures shall be subject to prior consultation with KT (Defendant).

C. Employees A of the Defendant Company A