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(영문) 서울고등법원 2020.08.21 2019나2034150
정산금 청구
Text

1. The judgment of the first instance court, including any selective claims added by this court, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s execution contract 1) On March 6, 2008, the construction of connection facilities for the transmission of nuclear power plants and the Defendant’s nuclear power plant (the name of construction: construction of facilities connected to transmission lines and transformation stations related to N/P; hereinafter “A”).

(2) Around November 2009, the completion plan for the total construction cost was executed by the Plaintiff on June 30, 201, and the completion plan for the completion of the relevant construction project was concluded with the Plaintiff on June 30, 201. Around November 2009, the completion plan was amended to KRW 43,903,00,000, and the completion plan for the completion of the relevant construction project was partially modified on October 31, 201 (hereinafter collectively referred to as “A construction contract”).

. A construction work contract;

1. Subject to Article 61 of the Regulations on the Use of Electric Power Facilities for Transmission, the purpose of this Agreement is to determine the subject of construction between the Plaintiff and the Defendant, the construction details, construction costs, and the main body of cost-sharing with respect to the installation of the customer’s burden for transmission connection facilities to be built from the property limit point to the 345kV J/L and HT/L connection point.

3. Installation of customer liabilities for connection facilities for transmission;

B. Customer burden construction cost for power transmission connection facilities: approximately KRW 439.0.3 billion is calculated as the Plaintiff’s design standard and accounting regulation for power transmission connection facilities. The determination of construction cost is determined at the time of final settlement after completion of construction. 4) Customer burden construction cost includes the cost of self-design and construction supervision, supervision design cost, construction design cost, design cost, design supervision cost, etc., and the remainder value of removed facilities shall be deducted from the customer burden construction cost.

6. Under Article 55(1) of the Regulations on the Use of Electric Power Facilities for the Use of Electric Power Facilities, the Defendant bears the construction cost and the ownership of the Plaintiff, and the time and method of payment of the construction cost are as follows.

The cost for the payment of the cost for the connection facilities for transmission shall be the cost for the customer's burden.

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