logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.02.08 2015가단244732
원인자 부담금
Text

1. The Defendant shall pay to the Plaintiff KRW 88,528,985 and the interest rate of KRW 15% per annum from December 2, 2015 to the date of full payment.

Reasons

1. Basic facts

A. From around 2008, the Defendant had implemented the project to create the Seoul-distance Manas Development Project at the Singu, Guro-gu, Seoul.

In order to improve the urban landscape and prevent danger and injury to citizens' passage, the project is to perform construction works such as undergroundization of tracks installed on the utility line, adjustment of sidewalk width, packing improvement, maintenance of public facilities, etc.

B. In June 2009, the Defendant entered into an implementation agreement with the Korea Electric Power Corporation on the underground distribution line construction with respect to the underground distribution line construction (the construction period of March 3, 2010 - October 31, 2010) that en masses electric installations of approximately KRW 560 meters from the Guro Digital Station to the SilungIC (the construction period of the construction).

C. The Plaintiff, as a key telecommunications business operator under the Telecommunications Business Act, was installing and using telecommunications lines by leasing the electric poles from Korea Electric Power Corporation

The defendant also demanded the plaintiff to concentrate on the communications line owned by the plaintiff as part of the Domination Corporation project.

When the Korea Electric Power Corporation removed electric power lines and undergroundized power distribution lines, the plaintiff also completed the construction project of undergroundizing the telecommunications lines from the old Digital Station to the Si interesting ICT at its own expense in 2010 (hereinafter "the construction of this case").

For the instant construction project, the Plaintiff disbursed KRW 88,528,985 to the construction cost, other expenses, etc. paid to the contractor.

[Ground of recognition] Facts without dispute, Gap 1 through 11 evidence, Eul 1 through 4 evidence, fact inquiry reply to the Korea Electric Power Corporation of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant construction project was conducted at the Defendant’s request for “the Seoul street development project” at a Sinovah, Sin, Guro-gu, Seoul, and thus, is a cause provider pursuant to the main text of Article 51(3) of the former Telecommunications Business Act (amended by Act No. 10166, Mar. 22, 2010).

arrow