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(영문) 광주지방법원 2017.04.13 2016가합53215

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 34,101,745 and the interest rate of KRW 15% per annum from April 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 17, 2009, the Plaintiff and the Defendant, which entered into an agreement on the implementation of the Subdivision (hereinafter “instant construction”) on the removal of the processed power transmission lines within the business district related to the Gwangju High-Tech Science Industry Complex Development Project, and made an agreement concerning the underground construction (hereinafter “instant construction”), which includes the following contents:

(hereinafter referred to as the “instant Convention”). The purpose of this Convention is to set forth the scope of construction between the Plaintiff and the Defendant, construction costs, and the main body to bear construction costs, etc. in relation to the undergroundization construction performed by the Defendant at the request of the Plaintiff for underground transmission line urbanization of 154kV in the business district related to the Plaintiff’s Gwangju High-Tech Science Industry Complex (Stage 2) development project.

Article 4 (Calculation of Construction Costs and Charges)

1. 1) Basic and detailed construction cost (including survey and design service cost, design and cadastral status survey cost) cost for construction (including the Defendant’s own construction design cost) cost, 3) cost for new construction and removal (including fees for pre-use inspection and various rental fees) supervision cost, 5) cost for construction work, compensation and legal cost for purchase of a site by the Defendant related to construction work (including registration fee and expenses for securing title), 7) cost for compensation and purchase (including registration fee and expenses for securing title) cost for road occupation and use fee, 9) cost for construction work, and other expenses for construction work (including expenses for the Defendant’s on-site investigation, dispatch and temporary liaison, acceptance inspection, completion inspection, completion inspection, business trip related to construction, etc.);

2. The construction cost shall be calculated in accordance with the Electric Utility Act and related Acts and subordinate statutes, the contract affairs rules of public corporations and quasi-governmental institutions (accounting rules), the design amount or the settlement amount calculated in accordance with the rules of the defendant, and the rules of the defendant, and the construction cost shall be calculated in accordance with the actual compensation cost and the calculation criteria of the defendant.

Article 15 (Settlement of Charges)

1. The charges that the defendant determines after the completion of construction works;