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(영문) 서울고등법원 2017.08.25 2016나2041140
부당이득금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is a corporation established under the Korea Highway Corporation Act for the purpose of installing and operating roads and conducting other related businesses, and the defendant is a corporation established under the Korea Electric Power Corporation Act for the purpose of developing electric resources and operating electric power business.

B. 1) The Defendant entered into a contract for the burden of moving-in facilities for the electric poles (hereinafter “instant road construction”). The Defendant shall perform the construction work for the extension of the border highways (scopulations) (hereinafter “instant

(C) 70 copies of the previous week on 44 lots, including the Gangnam-gu Seoul Identification-dong 49-6, Gangnam-gu, Seoul (hereinafter referred to as “instant previous week”).

2) When the relocation work was required, the cost of the removal work (hereinafter referred to as “the cost of the removal of this case”).

The Electric Utility Act and the relevant laws and regulations, and the Defendant’s guidelines for the relocation of power distribution lines (amended on June 21, 2013; hereinafter “instant guidelines”) with respect to the foregoing.

A) Pursuant to the foregoing, the Plaintiff, the implementer of the instant road works, demanded the burden of the instant relocation cost. Accordingly, around May 2012, the Plaintiff and the Defendant to bear the said relocation cost (hereinafter “instant contract”).

(2) The details of the plan are as follows:

Contract for Construction Costs Liability

1. (Calculation of Construction Costs and Charges) The defendant shall calculate as prescribed by the Electric Utility Act and related Acts and subordinate statutes, and the defendant's regulations;

2. (Payment of Charges) The Plaintiff shall pay the charges calculated pursuant to paragraph 1 to the Defendant by May 25, 2012, as determined by the Defendant.

3. (Execution of Works) The Corporation shall enter into force by the Defendant, and shall not enter into the Corporation if the Plaintiff’s charge is not paid by the said date.

4. (Settlement of Charges) The charges shall be determined by the method for calculating the settlement of charges determined by the defendant according to the result of the execution of works, and the increase or decrease of charges shall be settled immediately after the determination thereof is made between the plaintiff and the defendant;

5. (Presentation of Statement of Accounts) If the plaintiff demands, the defendant shall make a final statement under paragraph (4).

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