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(영문) 서울고등법원 2017.08.30 2016나2078593

원인자 부담금

Text

1. Of the judgment of the court of first instance, KRW 262,774,711 against the Plaintiff and the Plaintiff’s aforementioned costs from December 9, 2015 to August 30, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a key telecommunications business operator under the Telecommunications Business Act, which is engaged in Internet multi media broadcasting business, business related to super-high speed information and communications network and mobile communications service, business related to leasing telecommunications line facilities, etc. The Plaintiff leased the electric poles from the Korea Electric Power Corporation that installed and owned the electric poles with permission granted to occupy and use the road on the side of the road, which is the Defendant’s administrative district, and provided neighboring users with the telecommunications services such as super-high speed Internet. 2) The Defendant is a road management agency that promoted road maintenance projects with the main contents of underground transmission of electric wires and telecommunications facilities.

B. The Defendant promoted the road upgrade project by the Defendant, while carrying out the project to improve the urban landscape and prevent danger and injury to citizens’ passage, performed the environmental improvement project as a model of sexual traffic, the project to improve the environmental environment of the East and East, the project to improve the environment of the East and East, and the project to create the Seoul-distance Rottenz., the construction of underground wires and telecommunications equipment installed on the ground at the project section was implemented.

C. Around 2009, the Defendant entered into an agreement with the Korea Electric Power Corporation on the implementation of each of the above projects (hereinafter “Agreement”) with the Korea Electric Power Corporation for the implementation of the said projects (hereinafter “Agreement”).

According to the above implementation agreement, the Defendant first pays 100% of the total construction cost designed by the Korea Electric Power Corporation to the Korea Electric Power Corporation, and the Korea Electric Power Corporation has paid 50% of the construction cost to the Defendant after performing the construction work.

In addition, if public communication facilities are installed in the undergroundized construction section, the defendant should immediately notify the relevant telecommunication service provider of the undergroundization project plan.

On October 15, 2008, the defendant urged the plaintiff to perform the chinese construction works against the plaintiff.