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(영문) 대구지방법원상주지원 2015.01.14 2014가단1118

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is running soup “Crying” in B at the time of resident stay (hereinafter “instant soup”).

B. On April 5, 2006, the Plaintiff entered into a soup contract between the Defendant and the Defendant on the electric use contract (hereinafter “instant contract”) with the content of “electric use place: D. 1 parcel; D. 1 parcel; B. 39/46kW; D. 39/46kW; D. 39/46kW.”

At the time of concluding the instant contract, the Plaintiff consented to comply with the Defendant’s terms and conditions of electricity supply (hereinafter “instant terms and conditions”).

C. The terms and conditions of this case pertaining to this case are as follows.

Article 39 (Facilities, such as Protective Devices, etc. Following Use of Electricity) (2) Customers who are likely to suffer economic loss due to the suspension or failure of the supply of electricity due to unavoidable reasons shall be careful not to cause damage by installing appropriate independent protective devices, such as emergency power generation equipment, non-regular power supply equipment (UPS), string protective device, and power supply alarm device.

Article 47 (Suspension of Supply or Restriction on Use of Supply) (1) In any of the following cases, the defendant may inevitably suspend the supply of electricity or restrict the use of electricity:

1. Where the Minister of Knowledge Economy instructs pursuant to statutes;

2. Where it is inevitable due to the adjustment of electricity supply and demand;

3. Where the defendant's electrical equipment breaks out or is likely to break out;

4. Where it is inevitable due to works for repairing, altering, etc. electric installations of the defendant.

5. Where severe imbalances or changes in voltages and frequencies occur or are feared to occur.

6. Cases of emergency or other force majeure.

7. Where required for the electric safety, (2) In case of paragraph (1), the defendant shall notify the customer in advance by newspapers, broadcasting or other methods.

Provided, That this shall not apply in case of urgency or inevitable circumstances.

Article 49 (Exemption from Liability for Damages)