2012dan5076389 Removal of power distribution lines, etc.

Korea Electric Power Corporation

Seoul Matro

June 24, 2013

September 16, 2013

1. The defendant shall be the plaintiff.

(a) To remove 182.91m of water-driven facilities of 22.9kV connecting to and from the land of the Dobong-dong 8701, Gwanak-gu, Seoul Special Metropolitan City, the amount of money calculated at the rate of 18,834 won per month from October 27, 201 to the completion of the removal of the above water-driven facilities.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 70% is borne by the Defendant, and 30% is borne by the Plaintiff, respectively.

4. Paragraph 1 can be provisionally executed.

Order 1-A and the defendant pay to the plaintiff money calculated by the ratio of KRW 73,680 per month from October 27, 201 to the completion of the removal of the above water-driven equipment.

1. Basic facts

A. On April 6, 2011, the Defendant: (a) using the underground power transmission equipment (including ductss, manle, power equipment, and ducts for the installation of cables and accessories) owned by the Plaintiff to change the nature of voltage or electricity in the process of sending power generated at the power plant to users via power transmission lines or power distribution lines; and (b) changing the nature of voltage or electricity.

In order to change the point of supply and demand (which is installed at the place of receiving electricity) from a large-scale transformation station to a salary-dried transformation station, an application for change of the point of supply and demand was made.

B. On June 1, 2011, the Plaintiff deposited the amount of KRW 67,545,760, and KRW 2,585,570, and KRW 70,330,00 (hereinafter “instant facility charges”) out of the customer charges pursuant to an application for change of supply and demand points, with no passbook, and ② the deposit amount of KRW 46,81,618,860 (hereinafter “the instant deposit”) during the guarantee period of 50 years from June 1, 201 to May 2061 shall be paid to the Defendant at the time of conclusion of the lease agreement in principle, and ③ the Defendant shall pay the amount of KRW 50,00,00 in the amount of the facility charges under the electricity lease contract (hereinafter “the instant management expenses”) to the Defendant on a deposit basis of KRW 130,000,000,000,000,0000,000,000,000.

E. After that, the agreement between the plaintiff and the defendant was continued on October 21, 201, the plaintiff sent to the plaintiff a letter of the lease agreement between the second lease agreement and the defendant stating that "the items of security deposit are excluded from this agreement, and that the method of deposit shall be re-consultationd until November 30, 201," which was added to "the second lease agreement between the second lease agreement and the defendant," and the defendant sent the "final copy of the lease agreement," which deleted the contents of the second lease agreement from the contents of the second lease agreement to the plaintiff on October 10, 2011, which deleted "if the payment clause should be approved by the Minister of Knowledge Economy, re-consultation on the security deposit". The main contents of the second lease agreement of this case are as follows:

1. General provisions

1.1. Objectives;

1.1.1.1 The purpose of this Agreement is to set the criteria for all the matters that may arise in the use of the underground power equipment (hereinafter referred to as the "electric power equipment") between the Korea Electric Power Corporation (hereinafter referred to as the "A") that provides the underground power transmission equipment, underground power transmission equipment, underground power distribution Manle and pipelines, and Seoul (hereinafter referred to as the "B") that intend to install and operate the electric power equipment of 22.9kV by using underground power equipment, underground power transmission equipment, underground power distribution equipment, and underground power distribution equipment, and underground power equipment.

1.2. Persons subject to the application of the underground transmission equipment;

1. Business place: The Korea Electric Power Corporation; and

2. The underground transmission power facilities subject to this procedure are as follows:

(a) Civil engineering facilities installed within the underground power outlet exclusively for the transmission of electricity;

(b) A civil engineering facility within an underground power outlet for the concurrent use of power generation and distribution;

(d) Other underground transmission holes and conduits among those managed by the power headquarters;

3. Facilities for the lease of the underground power source;

(a) Salary-tent electric exit: 182.91m;

4. Procedures;

4.9. Demand for and payment of charges;

A. ‘B' bears the cost of management of the equipment of ‘B' in accordance with the principle of beneficiary burden due to the use of the equipment of ‘B' when installing the line of possession of ‘B' with the equipment of ‘B'.

(c) In the case of underground transmission lines installed in the underground power stations, the standards for imposing usage fees shall be as follows:

A person shall be appointed.

1) The standard construction cost of electric power equipment shall be cited in the material applied by the method of electricity construction.

(b) Management expenses: Management expenses based on the average 1 meter per m of underground long-term remuneration for three years and the unit price of the relevant wage;

(d)the calculation of the user fee shall be divided into the management fee for the installation of a structure, in principle, the first full payment of the cost for the installation of a structure shall be made, and the time limit for payment shall be the last day of January of the following year of use (50 years), and the written request for payment shall reach 15 days before the due date.

4. 10. Deposit;

4.The 14. Termination of the Convention and "B" may terminate the Convention in any of the following cases:

(1) B does not pay the fees for the use of the underground power apparatus for not less than one year;

4. 19. Other matters.

(2) The subject of the lease contract for the underground power station, the underground power station, the underground power distribution center, and the pipelines shall be Seoul Mart, and the fees and the management fees for the underground power station, the underground power station, the underground power distribution center, and the ducts shall be separately claimed.

Addenda

Section 1:This Convention shall enter into force on the date of signing by both copies, provided that: 4.10. Items of deposit shall be excluded from this Convention and that re-consultation shall be completed until November 30, 201.

G. After that, as the Defendant requested that the change of supply and demand points be done prior to the conclusion of the lease agreement, the Plaintiff approved the commencement of construction work on or around October 10, 201, and the Defendant completed the construction work of installing 182.91m of the water source facilities of 22.9kV connecting the Plaintiff (hereinafter “the water source facilities of this case”) on October 27, 201, in the Dobong Power Station Co., Ltd. owned by the Plaintiff.

H. On November 11, 201, the completion of the construction work, the Defendant requested the Defendant to exempt the payment of the instant deposit from the payment of the said deposit. On November 23, 2011, the Plaintiff sent a reply that the Defendant would enter into a lease agreement in substitution for the instant deposit with the “statement of guarantee” considering that the Plaintiff is a public institution.

H. Around December 15, 2011, the Defendant requested the Plaintiff to exclude the instant management expenses, but the Plaintiff rejected such request. On January 26, 2012, the Defendant notified the Plaintiff that the management expenses of the power equipment, power distribution personnel, and ducts cannot be paid because they were reflected in the electricity charges.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 26 evidence, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

The agreement between the Plaintiff and the Defendant on the lease of the underground power station owned by the Plaintiff, including the instant management expenses, was concluded orally or implicitly, and accordingly, the Defendant refused to pay the instant management expenses despite the Defendant’s duty to pay the management expenses. As such, the Plaintiff’s refusal to pay the management expenses, the agreement on the lease of the electric power station with the Defendant is terminated by the delivery of the copy of the complaint of this case. Therefore, the Defendant is obliged to remove the instant electric power station installed in the underground power station owned by the Plaintiff and pay unjust enrichment or administrative expenses equivalent to the management expenses from the date of the installation of the said electric power station until the completion

B. Defendant’s assertion

Since the agreement on the instant management expenses among the lease agreements on the electric power stations belonging to the Plaintiff, the agreement was not concluded regarding the instant management expenses, there was no obligation to remove the instant electric power facilities due to the termination of the said agreement. Moreover, if the Defendant additionally bears the expenses for the use of the instant management expenses, such additional expenses shall be included in the terms and conditions of the electricity supply as the matters concerning the rights and obligations arising from the use of the electric power, which are not prescribed in the terms and conditions of the electric power supply.

3. Determination

A. The following circumstances acknowledged prior to the conclusion of the agreement on the lease of the electric power plant between the instant area and the instant area and the termination of the agreement, namely, the Plaintiff’s working-level employees agreed on the instant lease agreement, and the Defendant appears to have been sufficiently aware of the payment of the management expenses through several procedures for notification and replies regarding the payment of the management expenses. Nevertheless, the Defendant continuously brought an objection to the payment method of the deposit in the process of the agreement, while the Defendant did not present an opinion one time until the alteration of the supply and demand point was completed and the agreement on the payment of the deposit was reached, and it would be reasonable to view that the Plaintiff would not have approved the alteration of the supply and demand point of this case if the Defendant notified that it would not pay the management expenses prior to the commencement of the alteration of the supply and demand point, and that it would be reasonable to deem that the instant management expenses would not have been paid by the Plaintiff to the Defendant for the first time after the conclusion of the agreement on the lease of the instant area as well as the payment of the deposit.

B. The duty to remove the power plant of this case and to return unjust enrichment equivalent to the management expenses

Therefore, barring any special circumstance, the Defendant is obligated to remove the instant water source facilities owned by the Defendant, which are installed within the power district of the Dobong-gu, Seoul Special Metropolitan City from the date of termination of the lease agreement, to the time when the removal is completed. The Defendant is obliged to pay the Plaintiff unjust enrichment equivalent to the management expenses or the management expenses from the installation date of the instant water source facilities until the removal is completed.

Furthermore, according to the records on the above management expenses or unjust enrichment, the annual management expenses according to the rate of occupation and use of the electric power plant of this case 226,012 (i) the structure of the electric power plant of this case 108,504 (i) the annual maintenance expenses for the installation of equipment, such as the waterproof treatment of the electric power plant of this case and the recovery and maintenance of winding equipment, and the expenses for painting painting 108,504 + (2) the annual maintenance expenses for the electric power plant of this case 32,538 (2) the annual net expenses for the electric power plant of this case 32,538 (3) the installation inspection expenses for the installation of the electric power plant of this case 2,405 won + 4,565 won per annum 4,565 won per annum).

Therefore, the defendant is obligated to pay to the plaintiff the amount equivalent to the management expenses or the management expenses calculated by the ratio of 18,834 won per month (226,012 won per year management expenses: 12 months) from 2011, 10,27 from the date of the installation of the power plant of this case to the date of the completion of removal of the power plant of this case.

4. Conclusion

Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

Judges Yu Young-young

A person shall be appointed.