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(영문) 서울서부지방법원 2017.09.21 2016가합34670
원인자 부담금 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 284,943,860 and the interest rate of KRW 15% per annum from July 21, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. As a key telecommunications business operator under the Telecommunications Business Act, the Plaintiff Company leased the electric poles and electric wires from the Plaintiff’s Intervenor who installed and owned the electric poles and electric wires, and separately installed telecommunications lines and provides neighboring users with communications services.

B. On May 20, 2010, the Defendant planned to implement a project for underground distribution lines of the power distribution lines between Samsung and 1.34 km in front of the high fire fighting boat, and entered into an agreement with the Plaintiff’s Intervenor on May 20, 2010 (hereinafter “the instant agreement”). The instant agreement concerns the instant case as follows.

This Convention is an implementation agreement to prescribe detailed matters concerning the implementation of the project in relation to the "Sero-ro (Gu, Dudyang)" with respect to the Power Distribution Line "Sero-ro (Gu, Cukyang)".

Article 1(Purpose of the Convention) The purpose of this Convention is to promote efficient and smooth execution of construction work by prescribing all matters concerning mutual cooperation in the execution of the undergroundization construction of power distribution lines by local governments and by the Intervenors to the plaintiff.

Article 4 (Calculation of Construction Costs) The term "construction Costs for the undergroundization of power lines" shall be calculated by the head of the Gyeong Construction Group for the supplementary participant of the plaintiff under the provisions of the Electric Utility Act, related Acts and subordinate statutes, the regulations of the head of the Gyeong Construction Group for the supplementary participant of the plaintiff, and the "Road Restoration Costs" shall be calculated by the defendant under the conditions as prescribed by the Ordinance

Article 5 (Scope of Share of Construction Costs) The cost to be borne by the Defendant is 50% of the total construction cost designed by the Plaintiff’s Intervenor and the Plaintiff’s Intervenor.

Provided, That the whole defendant shall bear the expenses incurred in the change of materials, increase in road recovery due to the excess of the scope of recovery under the Enforcement Decree of the Road Act.

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