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(영문) 인천지방법원 2015.01.30 2013가단77422
공항시설사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 67,012,440 as well as 20% per annum from September 4, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The plaintiff is a corporation that runs the business of managing, operating, maintaining, and repairing the Incheon International Airport Corporation under the Incheon International Airport Corporation, and the defendant is a company that operates domestic and foreign air transportation business.

B. On August 26, 2002, the Defendant concluded a concession agreement with the Plaintiff, and conducted a private investment project in the international business complex south of the Incheon International Airport passenger terminal (H3). Around that time, the Defendant entered into an electricity use contract with the Plaintiff by applying the term “electric terms and conditions” (hereinafter “instant terms and conditions”).

Of the terms and conditions of this case (established on April 28, 2001 and amended on a total of nine occasions until December 26, 201), the main contents related to this case are as follows:

(The number of clauses shall be subject to the final revised version. (1) Each user shall pay the fees for the use of electric facilities, which shall be imposed separately from the electricity rates, in accordance with the supply from each user of the construction in high voltage or low pressure.

Article 42 (Other Matters) (2) The terms and conditions of the electricity supply of the Korea Electric Power Corporation shall apply mutatis mutandis to the matters not prescribed in the terms and conditions of the contract.

C. Electric facilities usage fees for electric facilities from January 201 to February 2013, 201, which the Defendant did not pay to the Plaintiff, are KRW 67,012,440 in total by adding value-added tax.

On the other hand, the plaintiff issued the defendant a "standard for calculating electric charges" as shown in the attached Form to the defendant in the date non-fluence.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Gap evidence 3, Eul evidence 2, Eul evidence 3-1 to 3, Eul evidence 4 and the purport of whole pleadings

2. Determination:

A. According to the above facts, barring any special circumstance, the Defendant prescribed the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from September 4, 2013 to the date following the delivery date of the original copy of the instant payment order, with respect to the total amount of electric facilities usage fees and value-added taxes, which is unpaid to the Plaintiff from January 2, 2011 to February 2, 2013.

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