[Attachment 1] The entry is as shown in [Attachment 1] (Law Firm National of Law, Attorney Park Jong-Gyeong, Counsel for defendant-appellant

Korea Highway Corporation (Law Firm Pwho, Attorneys Seo-sik et al., Counsel for the defendant-appellant)

October 30, 2012

Suwon District Court Decision 201Guhap6401 Decided February 8, 2012

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The judgment of the first instance shall be revoked.

The defendant (attached Form 2) revokes the disposition of imposition of tolls for each amount listed in the detailed amount column (unit: won) of the same Table against the plaintiffs on each date stated in the date of use of the toll payment list.

1. Tolls for national expressways:

The following facts are acknowledged in full view of each entry of Gap evidence 1 to 31 and Eul evidence 1 to 3 (including paper numbers).

On December 21, 1968, the ○-Gyeong National Expressways was opened on December 21, 1968, and the Minister of Construction and Transportation rendered a public announcement on November 28, 2007, the Ministry of Construction and Transportation announced the “public announcement on the change in the import of toll roads” (hereinafter “instant public announcement”).

In the announcement of this case, ○ changed the 20 route including the border national expressway from October 17, 1997 to November 30, 2007 to the toll collection period from November 30, 2007.

The Plaintiff, from March 201 to May 201, 201, passed along the border road section from March 201 to May 201 (attached Form 2), and received tolls from the Defendant and paid the tolls (hereinafter “instant disposition”).

2. The plaintiffs' assertion

The major national expressway was opened on December 21, 1968, and the total amount of the tolls exceeds 100% of the total amount of the construction maintenance expenses in 1979, and 208% of the total amount of the construction maintenance expenses in 2009. On the other hand, the period of toll collection in 1998 has expired. Accordingly, the instant public notice, which changed the period from December 1, 2007 to November 30, 201, was null and void as it violates the Toll Road Act or causes unconstitutional consequences. Accordingly, the instant disposition based thereon is unlawful.

3. Determination

(a) The Toll Road Act;

(1) Prior to the amendment of January 4, 1980, the Toll Road Act defined the “Road” as “Road” in Article 2 of the △△△ and the “Road” and defined the “Road” as “Road” in which tolls is collected pursuant to the provisions of the above Act, and stipulated that tolls shall be collected from the vehicles driving on the relevant toll road.

Article 9 of the Toll Road Act provides for "the standards for tolls, etc.", and Article 9 (1) of the Toll Road Act provides that the tolls shall be determined by type of vehicle in consideration of the structure, weight, and other factors of the vehicle, and the amount of tolls shall not exceed the limits of ordinary profits from the time and expenses of the vehicle, and Article 9 (2) of the Toll Road Act provides that the total amount of tolls collected during the collection period shall not exceed the total amount of the principal and interest of the cost of construction, rebuilding, maintenance, repair, and other management of the relevant toll road.

(2) However, Article 9 of the Toll Road Act, which was amended on January 4, 1980 and enforced on the same day, provides for the above provisions in paragraphs (1) and (2) of the Article 1 of the Toll Road Act, and in applying the criteria for the tolls amount and collection period to “motor vehicles,” and “motor vehicles,” as prescribed in paragraphs (3) of the Article, if more than two roads meet the following requirements, they may collect tolls with the approval of the Minister of Construction and Transportation as one road.

1. The authorized administrator of toll roads with respect to not less than two roads shall be the same; and

2. Not less than 2 roads concerned shall have traffic-related relation.

3. There shall be special reasons for consolidated collection of tolls for the relevant two or more roads.

(3) After that, the Toll Road Act was wholly amended on January 29, 2001, and came into force on July 30, 2001, and the wholly amended Toll Road Act also defined the roads that collect tolls in accordance with the provisions of Article 2 of the Toll Road Act and Article 2 of the Toll Road Act as “road”, and the roads that collect tolls in accordance with the provisions of the aforementioned Act, etc. as “ toll roads”, and stipulated that “△△△” shall receive tolls for vehicles driving on the relevant toll road.

Article 16 of the Toll Road Act, which was wholly revised, provides for "the determination and criteria of tolls", and Article 16 of the Toll Road Act provides that "the toll road management agency shall set the tolls of the toll road (excluding the national expressway) within the scope of ordinary profits and expenses from the passage of the toll road," and Article 16 of the Toll Road Act provides that "the Minister of Construction and Transportation shall set the tolls of the toll road, which is the toll road, within the scope deemed fair and reasonable compared to the price level, other means of transportation, and other public charges, etc., and Article 16 (3) of the Toll Road Act provides that the total amount of tolls shall not exceed the total amount of the toll road construction and maintenance expenses.

On the other hand, Article 18 of the Toll Road Act, which was wholly revised, provides for the "integrated bond collection system", and the toll road management agency or the authorized administrator of the toll road may collect tolls when not less than two toll roads meet the requirements falling under each of the following subparagraphs:

1. The toll road management agency or the authorized administrator of toll roads shall be the same person; and

2. Toll roads shall have traffic relation with each other;

3. There shall be extenuating circumstances in which it is deemed appropriate to collect tollss on an integrated basis on toll roads.

(b) Tolls:

(1) According to the above provisions of the Toll Road Act, prior to January 4, 1980, the total amount of tolls of the toll roads including the national expressway does not exceed the total amount of the principal and interest of the cost of construction, rebuilding, maintenance, repair and other management of the toll roads (hereinafter “total amount of principal and interest of the toll roads”). The total amount of tolls collected from the vehicles driving on the toll roads concerned cannot exceed the total amount of the principal and interest of the toll roads concerned. However, from January 4, 1980 to January 4, 1980, it is stipulated that two or more roads may be collected by using “national expressway” as one road in certain cases. The total amount of tolls collected from the vehicles driving on the relevant national expressway exceeds the total amount of principal and interest of the relevant national expressway, and the total amount of tolls collected from the vehicles driving on the toll roads concerned exceeds the total amount of principal and interest of the relevant national expressway and the amount of tolls collected from the relevant toll roads under one of the following circumstances: from July 30, 2001 to one of the relevant toll roads.

Therefore, prior to the amendment of the Toll Road Act on January 4, 1980 and its enforcement date, the relevant national expressway whose total amount of tolls exceeds the total amount of principal and interest of the expenses under the previous provisions, and from January 4, 1980, when it falls under a certain condition, the relevant national expressway may collect tolls in excess of the total amount of principal and interest of the relevant national expressway on a vehicle driving on another national expressway by using it as a single road with another national expressway. From July 30, 2001 to July 30, 2001, if it falls under a certain condition, it would be possible to collect tolls in excess of the total amount of the construction and maintenance expenses of the relevant national expressway on a vehicle driving on another national expressway.

Therefore, even if the ordinary motorways was opened on December 21, 1968 and the total amount of tolls exceeded 100% of the total amount of construction maintenance expenses around 1979 as alleged by the plaintiffs, and reached 208% of the total amount of construction maintenance expenses in 2009, it shall be deemed that since January 4, 1980, the ordinary motorway was able to collect tolls in excess of the total amount of principal and interest on the expenses of the ordinary motorway or the total amount of construction maintenance expenses for the vehicles driving on the ordinary motorway with a road as a single road with another motorway.

(2) As above, in a case where a toll is imposed on a national expressway and other national expressway whose total amount of the tolls exceeds the total amount of the principal and interest of the relevant national expressway under the previous provisions, the total amount of the principal and interest of the relevant national expressway or the total amount of the construction and maintenance expenses, which is more than the total amount of the principal and interest of the relevant national expressway, the toll is imposed on a vehicle driving the relevant national expressway after January 4, 1980 or July 30, 201, which was amended and enforced by the Toll Road Act, and thus, the toll is imposed on the benefits of driving the relevant expressway, and no toll is retroactively

As above, the Toll Road Act stipulated the same, traffic-related, and the necessity or adequacy of the integration of tolls as a single road, and stipulated the same national expressway of the administrative authority. In light of the overall circumstances, such as the national land area, topography, and regional distribution of industrial facilities in the Republic of Korea, the national expressway of the Republic of Korea is closely related. If the local imbalance of the toll revenue occurs in the receipt of tolls by the national expressway, it is difficult to maintain and repair the national expressway with less tolls revenue, or to newly build a new national expressway, and the △△△△△△ would eventually result in the shortage of social infrastructure, which is a public infrastructure, which serves as the basis of production activities or daily life.

In the instant announcement, while 20 routes including ordinary national expressways as toll collection section, the previous announcement changed from October 17, 1997 to November 30, 2007 from December 1, 2007 to November 30, 2017. In full view of the purport of the oral argument as indicated in subparagraph 2, it is recognized that the total amount of tolls of 20 routes including ordinary national expressways exceeds 26% of the total amount of the construction maintenance cost.

(3) Thus, the instant notice cannot be deemed null and void as it violates the Toll Road Act or causes unconstitutional consequences, and the instant disposition that notified tolls for a vehicle driving on a border on the basis of the instant notice cannot be deemed unlawful.

(c) Tolls collection period;

(1) As seen earlier, Article 9(3) of the Toll Road Act, which was amended on January 4, 1980 and enforced on the same day, provides that the total amount of tolls shall not exceed the total amount of the principal and interest on the relevant toll road, and Article 9(4) of the same Act provides that the criteria for the amount of tolls and the collection period thereof shall be determined by the Presidential Decree.

In this regard, Article 8 of the Enforcement Decree of the Toll Road Act, which was amended on April 1, 1980 and enforced on the same day, stipulates that the road management authority should publicly announce the "the collection period of tolls" in advance when collecting tolls.

Article 16(3) of the Toll Road Act, which was wholly amended on January 29, 2001 and enforced on July 30, 2001, provides that the total amount of tolls shall not exceed the total amount of the construction and maintenance cost of the relevant toll road, as seen earlier. Article 16(4) of the same Act provides that the matters necessary for the criteria, method, and procedure for the toll payment, the total amount of the toll payment, and the total amount of the construction and maintenance cost of the relevant toll road shall be prescribed by Presidential Decree.

In this regard, Article 10 of the Enforcement Decree of the Toll Road Act, which was wholly amended on September 6, 2001 and enforced on the same day, provides that "the period for the collection of tolls" shall be set within the range of 30 years.

On the other hand, as the Toll Road Act was amended on January 4, 1980 and January 29, 2010, the total amount of tolls for a vehicle driving on the relevant motorway can be the sum of the total amount of principal and interest on the relevant motorway or the total amount of construction and maintenance expenses in excess of the total amount of principal and interest on the relevant motorway or the total amount of principal and interest on the other motorway working on a road with a relevant motorway or the total amount of construction and maintenance expenses.

(2) Thus, the provision that the toll collection period should be determined within the scope of 30 years under the Enforcement Decree of the Toll Road Act provides that the total amount of tolls for vehicles driving on the relevant motorway exceeds the total amount of principal and interest on the relevant motorway or the total amount of construction and maintenance expenses, and does not exceed the total amount of the principal and interest on the relevant motorway or the total amount of the construction and maintenance expenses on the relevant motorway. The provision that the toll collection period shall be extended within the scope of 30 years, provided that the toll collection period shall be within the scope of 30 years, unless the said limit does not reach the above limit. Thus, the provision that the toll collection period shall not be allowed only when 30 years elapse from the opening of the relevant motorway.

Therefore, even if the border motorway was opened on December 31, 1968 and passed around 30 years around 1998, it is not possible to collect tolls from the vehicles driving on the border motorway solely for such reasons, but can continue to collect tolls from the vehicles driving on the border expressway because the total amount of tolls on 20 routes including the border motorway exceeds 26% of the total amount of the construction maintenance cost.

(3) Thus, the previous notice of this case changed from October 17, 1997 to November 30, 2007 from December 30, 2007, which was in violation of the Enforcement Decree of the Toll Road Act, shall not be deemed null and void, and the disposition of this case, which notified tolls to a vehicle driving on a border, based on the notice of this case, shall not be deemed unlawful.

4. Conclusion

Therefore, the plaintiffs' claims seeking the cancellation of the disposition of this case are dismissed in its entirety due to the lack of grounds, and the judgment of the court of first instance is justified with this conclusion, and all appeals of the plaintiffs are dismissed. It is so decided as per Disposition.

[Attachment List, etc. of the Plaintiffs]

Judges intentionally (Presiding Judge) and in the order of the highest order