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(영문) 부산지방법원 2016.11.17 2016구합22651

원인자부담금부과처분무효확인 등의 소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

On August 29, 2015, at around 09:18, the Plaintiff discovered water leakage, such as releasing water from water supply pipes (hereinafter “instant water supply pipes”) at a distance of 700 meters in diameter, and notified the Defendant of prompt measures, around 15:10 on the same day, that water leakage occurred on the following day: (a) the instant water supply pipes of the water supply pipes 154kV adjacent to the Gangseo-gu Busan Metropolitan Government (hereinafter “instant construction”).

After the occurrence of such large-scale water leakages as above, the defendant sent staff to the site and replaced the water supply center of this case.

On September 7, 2015, pursuant to Article 71 of the Water Supply and Waterworks Installation Act, the Defendant imposed a notice on the Plaintiff on the charge of water supply of KRW 17,484,540,540 in the aggregate of KRW 15,335,340, water control expenses, KRW 1,895,010, water use charges, and KRW 254,190 in the water use charges. On November 26, 2015, the Defendant imposed a notice on the Plaintiff on the charge of water supply of KRW 90,000 in the water supply charges pursuant to Article 8(2) of the Enforcement Rule of the Busan Metropolitan City Ordinance on the Water Supply and Waterworks.

(hereinafter) Each of the above dispositions (hereinafter referred to as "each of the dispositions of this case"). 【The grounds for recognition ] There is no dispute, the entries of Gap 2, 3, Eul 1, and the purport of the whole arguments as to the defendant's defense prior to the merits of this case, which the plaintiff and the defendant agreed to accept the arbitration of the Korean Commercial Arbitration Board. Thus, the lawsuit of this case shall be dismissed in accordance with Article 9(1) of the Arbitration Act.

Judgment

In full view of the purport of the argument in Eul evidence Nos. 2, the plaintiff and the defendant, around December 2015, shall settle the dispute by arbitration from the Korean Commercial Arbitration Board "a dispute on the occurrence of the burden borne by the burden of borne by the water supply museum due to the omission of the water supply museum located within the part of the electrical construction work for the modification of the doubleline," and the arbitral award shall be final and conclusive.