Exhibit 4.11
[ENGLISH TRANSLATION]
AGREEMENT SUPPLEMENTAL TO THE AGREEMENT ON PROVISION AND USE OF
FIBER OPTIC COMMUNICATION CABLE FACILITIES
This Agreement ("Supplemental Agreement") is entered into as a supplement to the
Agreement on Provision and Use of Fiber Optic Communication Cable Facilities
dated January 27, 2000 between Korea Thrunet Co., Ltd. and SK Telecom Co., Ltd.
January 1, 2004
[Seal Affixed]
SK Telecom Co., Ltd.
99 Seorin-dong, Jongro-gu, Seoul
CEO : Pyo Mun Soo
[Seal Affixed]
Korea Thrunet Co., Ltd.
0000-0 Xxxxxx-xxxx, Xxxxxx-xx, Xxxxx
CEO : Seog Xxx Xxxx
The purpose of this Supplemental Agreement is to amend the terms of the
Agreement on Provision and Use of Fiber Optic Communication Cable Facilities
dated January 27, 2000 (the "Agreement") between Korea Thrunet Co., Ltd.
("Thrunet") and SK Telecom Co., Ltd. ("SK Telecom", together "parties") relating
to the provision area and period of use.
1. (PROVISION AREA AND FACILITIES)
1) The parties agree to amend the provision area and capacities of the
facilities provided by SK Telecom in accordance with the attachment to
Agreement to that set forth in the Attachment to this Supplemental
Agreement.
2) In the event that Thrunet wishes make a request for additional provision of
facilities by SK Telecom, Thrunet must give at least 3 months prior written
notice and the parties shall make a separate written agreement on other
conditions.
2. (PERIOD OF USE)
1) In accordance with this Supplemental Agreement, the period of use of the
facilities provided by SK Telecom shall be from January 1, 2004 to December
31, 2006, provided however, that Thrunet shall not in its own discretion
terminate the Agreement and this Supplemental Agreement until December 31,
2005. In the event that Thrunet requests a termination before December 31,
2005, Thrunet shall pay the monthly fees in accordance with Article 3 for
the period remaining until December 31, 2005.
2) The term of this Supplemental Agreement shall be extended automatically on
a yearly basis on the same terms and conditions unless a party gives
written notice to the contrary to the other party at least 3 months prior
to the expiration date stipulated in clause 1).
3. (FEE)
1) The fee for the use of the facilities provided by SK Telecom shall be Won
2,266,318,200 (excluding value added tax) per year and such fee shall be
paid on a monthly basis.
2) The details of the payment shall be determined by Articles 6 and 7 of the
Agreement.
4. (EFFECT)
This Supplemental Agreement shall have the effect of amending the Agreement
and for matters not specified in this Supplemental Agreement, the Agreement
shall apply.
5. (EFFECTIVE DATE AND SAFEKEEPING)
1) This Supplemental Agreement shall take effect from January 1, 2004. In the
event that Thrunet needs the court's approval to enter into this
Supplemental Agreement and its validity, this Supplemental Agreement shall
take effect upon the court's approval and submission of evidence of such
approval to SK Telecom by Thrunet.
2) The Agreement and this Supplemental Agreement shall be effective until the
date of expiration of the period of use stipulated in Article 2 of this
Supplemental Agreement and the completion of the payment of all fees
stipulated in Article 3 of this Supplemental Agreement.
3) To witness the entering of this Supplemental Agreement, the parties shall
execute two copies of this Supplemental Agreement and each party shall keep
a copy.
ATTACHMENT
DETAILS OF FACILITIES PROVISION
AREA DISTANCE (KM) NUMBER OF CORE REMARKS
---- ------------- -------------- -------
ITC(BORAMAE) ~ Jangan 33.3 2
ITC(BORAMAE) ~ Daejeon 177.2 2
Daejeon ~ Taeku 187.7 2
Taeku ~ Busan 254.1 2
Busan ~ Kwangju 402.6 2
Kwangju ~ Jeonju 123.3 2
Jeonju ~ Daejeon 109.2 2
Daejeon ~ Cheongju 42.2 2
Cheongju ~ Wonju 231.9 2
Wonju ~ Bundang 127.3 2
Bundang ~ Jangan 41.6 2
Total 1,730.4
