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(영문) 광주지방법원 2015.04.30 2013가합56268

공사비부담금청구

Text

1. The Defendant’s KRW 1,136,52,597 for the Plaintiff and KRW 5% per annum from September 11, 2013 to December 18, 2013 for the Plaintiff.

Reasons

1. Basic facts

A. 1) The construction work of the construction work of the construction work of the construction work of the new road between the upper and the upper and the upper and upper regions of the Yacheon-si in the Yacheon-si in the Yacheon-si in the Yacheon-si

)와 관련하여, 피고는 2008. 1. 15. 원고에게 전기사업법 제72조에 의거하여 이 사건 도로개설공사 구간 내 송전 철탑(대상선로: 345KV 신여수 송전선로 NO.84∼NO.85호간)의 이설요청을 하였고, 이에 대하여 원고는 2008. 2. 5. 피고에게 위 송전 철탑의 이설공사 즉, 철탑 2기의 각 신설 및 철거, 전력선(ACSR 480㎟ × 2B, 1.9km) 설치, 가철탑 2기의 설치 및 철거 등(이하 ‘이 사건 공사’라 한다

(2) On March 10, 2008, the Plaintiff and the Defendant concluded a contract for the removal of obstacles (hereinafter “instant contract”) with respect to the instant construction work on the following grounds: (a) the Defendant requested the advance payment of KRW 1,344,420,000, which is a outline of the construction cost; and (b) the Defendant paid the said advance payment to the Plaintiff on February 26, 2008.

The name of the Corporation for the construction requester’s Netcheon Market (hereinafter referred to as “A”) and the Corporation for the Korea Electric Power Management Corporation (hereinafter referred to as “B”): 345KV T/L 84 through 85

1. Calculation of construction expenses and charges pursuant to the Electric Utility Act and related statutes and the accounting rules of government-invested institutions;

2. (1) A shall pay the beginning reserve funds and design construction costs from among the charges calculated pursuant to paragraph (1) before the ordering of the construction work.

4. (1) The settlement of charges shall be determined by the method of settlement of charges determined by B according to the results of the execution of construction works, and the amount increased or decreased by charges shall be settled between both parties immediately after the determination thereof.

5. (1) If A is required to present a statement of accounts, B shall present the statement of accounts to be confirmed under paragraph (4).

(2) If there is an objection to the design documents, statement of accounts, etc. presented by B, it shall be dealt with by mutual agreement.

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