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(영문) 서울중앙지방법원 2021.01.29 2020가합508272
정산금 청구
Text

1. The Defendant’s KRW 11,642,550,068 and the Plaintiff’s annual rate from December 29, 2018 to January 29, 2021, and the Defendant’s annual rate is 5%.

Reasons

1. Basic facts

A. 1) On September 1997, the construction of the instant bypass road was planned to open a bypassing road (e.g., flooding, Jinan-Li) instead of the national highways 43 lines.

2) On December 28, 1999, the Plaintiff obtained approval of the implementation plan for the housing site development project of the relevant project zone on the condition that a road should be constructed on the same side of the project zone.

3) On February 6, 2003, the Plaintiff and the Defendant (construction and transportation department, planning and budget office, and Seoul Regional Land Management Office (hereinafter “Management Office”) agreed that each of the above road construction projects will be set up as a alternate road for the national highways at Suwon-si (hereinafter “the instant alternate road”). The Plaintiff and the Defendant share the project cost to 50:50, and the construction and planning and budget office agreed that the project cost to be shared by the Defendant shall be reflected in the budget from 2004.

4) From Suwon-si on October 15, 2003, the Plaintiff obtained permission from the management agency on November 7, 2003 for road construction with respect to the instant right ofpassing roads, and thereafter commenced construction of the instant right ofpassing roads around that time.

B. On December 2003, the Plaintiff entered into an entrustment agreement (hereinafter “the entrustment agreement of this case”) with the management authority in relation to the establishment of a bypass road of this case.

The main contents of the instant consignment agreement are as follows.

Article 2 (Scope of Business) (1) The management agency shall bear part of the financial resources necessary for the execution of the construction project and for the execution of the construction project, and the plaintiff shall implement the procedures for authorization and permission for the execution of the project, and shall bear part of the financial resources necessary for compensation and execution.

(2) Compensation under paragraph (1) shall be implemented by the management agency, and construction works shall be executed en bloc by the plaintiff for the efficient management of construction works.

Article 3 (Scope of Project Costs and Allocation of Project Costs) (1) Project costs mean compensation costs and construction costs.

(2) The compensation expenses referred to in paragraph (1) shall be land and the expenses.

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