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(영문) 서울북부지방법원 2017.06.09 2016가단131820
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 2007, the Plaintiff was a cooperative established to implement a housing reconstruction project in Seongbuk-gu Seoul Metropolitan Government (Seoul Metropolitan Government Madamdong). On December 1998, the Defendant installed urban gas pipelines around 13-48, Seongbuk-gu, Seoul Metropolitan Government Madam 1, 1998 and supplied urban gas pipelines (hereinafter “instant gas pipelines”).

B. In the process of a reconstruction project, the Plaintiff requested the Defendant to remove and remove the gas pipelines of this case, and the Defendant, around December 2, 2010, calculated the removal cost to the Plaintiff as KRW 83,947,00 (excluding value-added tax) and notified the remaining value as KRW 93,346,00 (excluding value-added tax), and the remaining value was calculated by subtracting the depreciation amount calculated by applying the cost for acquisition of the gas pipelines of this case to the fixed amount method by applying the service life of 30 years, to the said cost for acquisition.

C. Around January 17, 2011, the Plaintiff paid KRW 195,022,300 to the Defendant by adding value-added tax to each of the above amounts.

(1) Detailed standards for calculating charges for installation of gas supply facilities under Article 19-2 (4) of the Act and methods of sharing charges shall be as specified in attached Table 8.

[Attachment 8] Detailed standards for calculation of charges for installation of gas supply facilities and methods of sharing them.

2. The standards and methods for calculating facility charges by type;

(b) Charges for cooking facilities 1) Charges for cooking facilities shall be calculated by multiplying the amount of charges for cooking facilities dedicated to cooking facilities by the number of remaining months calculated by dividing the amount of monthly payments of gas supply facilities by the number of months in gas supply facilities after subtracting the number of months used from 240 months in the calculation standards for costs for supplying urban gas companies.

1. Depreciation methods and useful life i) Supply Facilities (the main office and supply pipes as prescribed in Article 2 of the Enforcement Rule of the Urban Gas Business Act, and any of them.

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