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(영문) 수원지방법원 성남지원 2018.08.09 2017가단220453
정산금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by considering the overall purport of the pleadings as a whole in each entry in Gap evidence Nos. 1, 2, 4 through 9 (including each number), and there is no counter-proof.

The plaintiff is a corporation established for the purpose of developing electric resources pursuant to the Korea Electric Power Corporation Act, and the defendant is a local government that has entered into an agreement on the undergroundization of the Korea Electric Power Corporation (hereinafter referred to as the "Korea Electric Power Corporation") with the Seongbuk-gu Seoul Metropolitan Government District Electric Power Corporation (hereinafter referred to as the "Korea Electric Power Corporation").

B. Around March 2006, the Plaintiff entered into an agreement with the Defendant on the implementation of 345,00 V underground transmission lines (hereinafter referred to as the “Agreement”) and the content as follows. The purpose of the agreement is to provide for the tasks between A and B in order to facilitate the allocation of the construction cost and the promotion of the project. Article 2 (Scope of Construction Works) is as follows: (a) the agreement on the implementation of underground transmission lines (hereinafter referred to as “C45,00 V underground transmission lines”)

1. Sick dust: 345,000 V strenating power lines;

2. Construction section: No. 66 through 70-5 of the steel tower in the fluor Park in the Gu, Gu, Nowon-gu, Blue Park; and

3. Details of construction works: omitted; and

4. The period of construction: The period of construction shall be the period of construction according to the basic and the result of the execution design, and the entire period of new construction and removal works;

Article 4 (Omission of Construction Costs) (Liability for Construction Costs) 5% of the construction costs calculated under Article 5 (Liability for Construction Costs) shall be borne by Party A (including charges for Korean Land Corporation), and 45%.

Article 10 (Settlement of Charges) B shall be determined by the method of settlement of charges determined by B after the completion of the construction work and depending on the result, A and B shall settle the increased or decreased amount of charges.

2. The defendant.

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