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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Facts of recognition
Around May 26, 2006, the Defendant sent to the Plaintiff a letter requesting the Plaintiff for the relocation cooperation of the above facilities (hereinafter referred to as “the first protocol”) by attaching a report on obstacles including the 83 electric utility poles (hereinafter referred to as “the first protocol”) on the ground that the Plaintiff’s facilities (Korean electric poles, Han Man-man, Communication Man, Communication Man, Telecommunications Man, Street, Street, Street, Street, Traffic Signals, etc.”) are in conflict with the Plaintiff’s facilities (Korean electric poles, Telecommunications Man, Telecommunications Man, Street, Street, Street, Traffic
Accordingly, on September 13, 2006, the Plaintiff and the Defendant entered into a contract for construction cost burden (hereinafter “instant contract”) with respect to C Corporation (hereinafter “instant C Corporation”). The main contents are as follows.
Contract for Construction Costs Liability
1. (Calculation of Construction Costs and Charges) The calculation shall be made by the plaintiff pursuant to the Electric Utility Act and other relevant Acts and subordinate statutes, and the plaintiff's regulations and bylaws;
2. (Payment of Charges) A charge calculated pursuant to paragraph (1) (including KRW 252,770,170, and value-added tax) shall be paid to the Plaintiff by September 21, 2006, as determined by the Plaintiff, according to the method determined by the Plaintiff.
3. (Execution of Works) The Corporation shall enter into force by the Plaintiff, and shall not commence the Corporation when the Defendant’s charges are 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 plaintiff according to the results of the execution of works, and the increase or decrease of charges shall be settled between the plaintiff and the defendant immediately after the settlement thereof;
5.(Presentation of Settlement Statement) If the defendant so requests, the plaintiff will present a settlement statement under paragraph 4.
The Plaintiff received construction cost of KRW 229,791,065 (excluding value-added tax) from the Defendant around September 21, 2006. The Plaintiff and L after the supervision services contract concluded with L Co., Ltd. (hereinafter “L”) on October 27, 2006 with respect to the instant C C on November 27, 2006 (including value-added tax), the contract price of KRW 51,706,80 (including value-added tax), the date of commencement of services, November 6, 2006, and January 18, 2007 as of January 18, 2007, respectively.