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(영문) 서울중앙지방법원 2016.01.14 2013가합542601
정산금 청구의 소
Text

1. The Defendant’s KRW 46,517,823 as well as the Plaintiff’s KRW 5% per annum from December 19, 2013 to January 14, 2016.

Reasons

Basic Facts

The plaintiff is a quasi-governmental institution to which the Act on the Management of Public Institutions established for the purpose of developing electric resources under the Korea Electric Power Corporation Act applies, and the defendant is a local government which has entered into an agreement with the plaintiff on the processed transmission line.

On March 17, 2004, the Plaintiff and the Defendant, including the first agreement, removed 154kV processing transmission lines (2.5 km) between the luminous 5-dong, 164-dong, 164, the luminous 7-dong, 17-dong, 1606, from the luminous Power Station located in the Mag-si, 17-dong, 17-dong, 2004, and drafted an agreement on the implementation of the undergroundization works (hereinafter referred to as “the undergroundization works of this case”).

(hereinafter referred to as “the first agreement of this case”). The key contents are as follows, and the key contents are as follows: (a) the Plaintiff shall determine and implement the undergroundization construction as an urban planning facility project pursuant to Article 104 (Subsidy or Loan) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); (b) the Plaintiff shall calculate the construction cost (excluding investigation, survey, design, and management expenses) pursuant to Article 106(2) of the Enforcement Decree of the same Act; and (c) the Defendant shall subsidize 1/3 of them

Article 1 (Purpose) of the Convention on the Implementation of the Annexed Construction Works, in order to facilitate the allocation of construction costs and the implementation of the project, the purpose of this Convention is to provide for the allocation of project costs and the implementation of the construction works among the plaintiff and the defendant in order to facilitate the implementation of the project.

Article 2 (Calculation of Construction Costs) The project shall be determined as an urban planning facility project pursuant to Article 104 (Subsidies or Loans) of the National Land Planning and Utilization Act, and the construction cost (excluding research, survey, design and management expenses) shall be calculated pursuant to Article 106 (2) of the Enforcement Decree thereof

The 1/3 of the construction cost calculated pursuant to Article 3 (Sharing of Construction Costs) shall be borne by the defendant, and the 2/3 shall be borne by the plaintiff, respectively.

§ 8. Charges

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