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(영문) 서울서부지방법원 2019.08.28 2019가합30327
약정금
Text

1. The Defendant: (a) KRW 479,60,000 for the Plaintiff and 5% per annum from October 16, 2018 to January 29, 2019; and (b) the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of power generation, transmission, transformation, etc. (hereinafter “instant power plant”).

(2) The Defendant is a contractor who performed the work of underground tea (hereinafter “instant underground tea”) adjacent to the “D sections” among the areas ordered by the Plaintiff as a company established for the purpose of civil engineering, construction, etc.

B. The Plaintiff is the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) with respect to the electricity produced at the instant electric power plant.

() On August 3, 2012, a contract to use the electric power plant for the use of the electric power plant and the electric transmission equipment (hereinafter “instant contract”) for the purpose of supply through the public transmission outlook owned by the owner.

(2) According to the above contract, the Plaintiff entered into a contract for the construction of the connection facilities (such as transmission facilities, transformation facilities, power communication facilities, and other facilities) connected to the G transformation station, which is a public transmission outlook for the power plant prior to the instant power plant’s generation. (2) The Plaintiff ordered the “H Corporation” and contracted the construction of the transmission line between the “D sections” and the “J sections” (hereinafter “I”) to the Company I (hereinafter “I”).

3) I re-K Co., Ltd. (hereinafter “K”).

(4) The Plaintiff transferred the connection facilities completed before September 9, 2015 (hereinafter “the connection facilities of this case”) in accordance with the instant contract, and thereafter, managed and operated the said connection facilities.

C. On April 11, 2018, while conducting a regular inspection of the instant connection facilities, the 1st electric line generated from the cable of the instant connection facilities, the cable of the transmission line from the 4st manle of the “D sections” to the cable of the transmission line.

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