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(영문) 서울서부지방법원 2016.11.10 2014가합37453
부당이득금반환
Text

The defendant's KRW 507,65,587 to the plaintiff is 5% per annum from January 22, 2013 to November 10, 2016.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1 to 6, 7, 9, 20, 42, and 43 (including serial numbers; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings.

Since 195, the Plaintiff is a company that has promoted a king-private partnership project with the former Korea Railroad (hereinafter referred to as the “Korea Railroad Agency”) in which the Plaintiff built a king-private partnership with its own expenses and responsibility, and the facilities directly required for the service facilities and the railroad service are reverted to the Korea Railroad Administration without compensation, and the remainder of the facilities are owned and operated by the Plaintiff during the occupation permission period.

On the other hand, on January 1, 2004 under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act, the Defendant was a corporation established for the construction and management of railroad facilities, and comprehensively taken over the facility assets of the Korea Rail Network Authority and its rights and duties pursuant to Article 23(5) of the Framework Act on Railroad Industry Development and Article 6 of the Addenda to the Korea Rail Network Authority Act (No. 6959, July 29, 2003).

B. At the time of the commencement of the king-Domingian Project, the king-doming was only the subway 2 lines, 5 lines, and the king-doming Central Line, but on December 24, 1998, the final decision was made on December 24, 1998, the demand for additional construction due to the establishment of the branch office.

C. The Plaintiff and the Korea National Railroad entered into an agreement on May 19, 2004 on the implementation of the construction works by the king Civil Service. The main contents relating to this case are as follows.

Article 6 (Execution of Construction and Construction Works) (1) of the Convention on the Implementation of Construction Works for the king Spanish Station, the Plaintiff shall consult with the Korean National Railroad about the measures related to the railroad (such as the maintenance and review of the function of service facilities, the construction of lines, the change of shapes and shapes, the blocking of electric trains, the removal of various cables and water pipes.).

Provided, That the plan to promote the king between the king and the king of the party branch, and the facilities related to the operation of Seoul Metropolitan Government, shall be applicable.

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