대구고등법원 2016.05.18 2015나21722



1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.


1. Basic facts

A. The Plaintiff set up 4 plastic houses (limited to the instant greenhouse) with a size equivalent to 5,324 square meters on the land outside B and five lots outside Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and, from November 2012, the Plaintiff engaged in the business of cultivating organic farmers and fishermen, etc., and the Defendant Korea Electric Power Corporation (hereinafter “Defendant Korea Electric Power Corporation”) is a public corporation established under the Korea Electric Power Corporation Act for the business of developing and developing electric resources, transmitting, transformation, distributing electric power and its related business. The Defendant Daesung Electric Power Corporation (hereinafter “Defendant Daesung Electric”) entered into a contract with the Defendant Han-gun Electric Power Corporation to implement restoration work by urgently taking place in accordance with the direction and request of the Defendant Han-gun prior to the occurrence of an accident requiring the emergency restoration of electric power distribution facilities.

B. On March 26, 2012, the Plaintiff filed an application for electric use with the Defendant under his or C’s name, stating “the purpose of use: Agriculture use” and “satisfying products”, and applied for electric use with the capacity of 90 kw prior to the filing of the application for electric use with the Defendant to use the boiler, etc. to be installed in the instant greenhouse. Accordingly, the Plaintiff entered into a power supply contract under the name of the Defendant and the Plaintiff’s name (hereinafter “instant supply contract”).

C. In order to supply electricity under the instant supply contract, Defendant Han-dong installed three transformers (each capacity: 30 kws) in the telegraph station located near the instant greenhouse. Of them, one of the two transformers (hereinafter “first voltages”) was used for the transformation pressure of electricity supplied to two households (E and D) located near the instant greenhouse and nearby the instant greenhouse, and the remaining two change voltages (hereinafter “second change voltages”) were used for the transformation pressure of electricity supplied to the instant greenhouse.

On January 2, 2013, around 04:06, the accident causing the destruction of the 1st voltages occurred, and the defendant Han-dong requested the replacement of the 1st voltages through the automatic monitoring system, and requested the replacement of the 1st voltages to the defendant Taesung Electric.