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(영문) 서울고등법원 2016.11.01 2016나2009870
정산금 청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 191,767,105 and KRW 42,024,735.

Reasons

1. Basic facts

A. The Plaintiff is a quasi-governmental institution subject to the Act on the Operation of Public Institutions as a corporation established for the purpose of developing electric resources pursuant to the Korea Electric Power Corporation Act, and the Defendant is a local government that entered into an agreement with the Plaintiff on the Korea Electric Power Cable.

B. 1) On March 17, 2004, the Plaintiff and the Defendant removed 154kV processing power transmission lines (2.5 km) between 5kV between 164-dong 164, 164 and 154m of light at the luminous power station located in 606-dong, Gwangju-dong, Gwangju-si, 7-dong, Gwangju-si, 606, from the luminous Power Station (hereinafter “the Wide Power Station in this case”). The Plaintiff and the Defendant removed the luminous Power Station (2.5m).

2) The first agreement on the enforcement of the Convention was drawn up (hereinafter referred to as “instant agreement”).

The main contents are as follows, and the core is the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Article 104 (Subsidy or Loan) of the Enforcement Decree of the National Land Planning Act shall be determined as an urban planning facility project of this case and implemented by the Plaintiff pursuant to the provisions of Article 106 (2) of the said Act, and one-third of the construction costs (excluding investigation, survey, design and management expenses) shall be calculated pursuant to the provisions of Article 106 (2) of the said Enforcement Decree, and the Defendant’s subsidy shall be provided. The purpose of this Convention is to set forth in Article 1 (1) of the Convention between the Plaintiff and the Defendant, in order to facilitate the sharing of construction costs and the promotion of the project. The purpose of this Convention is to determine the project as an urban planning facility project pursuant to the provisions of Article 2 (Calculation of Construction Costs) of the said Act and to calculate the construction cost (excluding investigation, survey, design and management expenses) pursuant to the provisions of Article 3 (2) of the said Enforcement Decree. The construction cost, calculated pursuant to the provisions of Article 2 (2) of the said Act, shall be shared by the Defendant, and the charges of Article 1/3 (28).

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