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(영문) 서울동부지방법원 2017.02.15 2015가단132981
원인자 부담금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 133,260,078 and the interest rate of KRW 15% per annum from December 17, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is the road management authority that occupies the flusium in Gwangjin-gu, Seoul Special Metropolitan City (a flusium between a flusium and both sides of the military).

The plaintiff is a key telecommunications business operator under the Telecommunications Business Act, who runs the business related to the super-high speed information and communications network and the mobile communications service, the business of leasing telecommunications line facilities.

On February 206, the Plaintiff entered into an agreement on the provision and use of power distribution facilities with the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) which installed the electric power plant with permission to occupy and use in Gwangjin-gu, the administrative district of the Defendant, and leased the electric power plant from Korea Electric Power Corporation, and provided neighboring local users with telecommunications services, such as super-high speed Internet, by installing communications facilities in the electric power plant.

The provisions relating to this case in the Agreement are as shown in the Agreement on the Provision and Use of Power Distribution Facilities.

B. 1) From June 2008 to improve citizens' happiness and urban competitiveness through the urban landscape improvement project, the Defendant continued to perform the construction of underground transmission lines and telecommunications equipment installed on the ground in the above section from around June 2008, and performed the construction of underground transmission lines installed on the ground in the above section. Accordingly, the Defendant requested Korea Electric Power Complex to implement the underground distribution project. On May 15, 2009, the Defendant entered into a contract with Korea Electric Power Complex with Korea on the construction cost, such as installation and removal of power facilities necessary for underground distribution lines (the Manle, ducts, ground machinery, electric power lines, etc.) to Korea Electric Power Complex, and the Defendant received 50% of the construction cost from Korea Electric Power Complex after completion and received 50% of the construction cost from Korea Electric Power Complex, and the Defendant entered into a contract with the relevant telecommunications business operator on the implementation of the agreement on the installation of underground distribution lines in accordance with the implementation of the agreement.

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