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(영문) 전주지방법원 남원지원 2018.01.31 2017가단10023

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’s position 1) From August 25, 2001 to August 25, 2001, the Plaintiff is a swine shed (hereinafter “instant cattle shed”).

(2) Around May 31, 2016, Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) concluded an automobile insurance contract with the insured for D mountain rescue vehicles operated by the fire station in the fire station in the Province of Jeollabuk-do (hereinafter “instant vehicles”).

B. The Plaintiff and the Defendant Korea Electric Power Corporation agreed to comply with the terms and conditions of the supply of the electricity to the Defendant Electric Power Corporation when concluding the supply contract (hereinafter “instant supply contract”) with the Defendant and the Korea Electric Power Corporation, setting the terms and conditions of the supply as the type of agricultural power, the contractual power, the supply method of 74kW, and the supply method of 380/220 V. The main contents of the said contract are as follows.

Article 39 of the Basic Terms and Conditions of Supply [facilities, such as protective devices, etc. under the use of electricity] (2) In the event of suspension or failure of the supply of electricity due to unavoidable reasons, customers who are likely to suffer economic loss shall be careful to avoid damage by installing appropriate independent protective devices, such as emergency power supply equipment, non-regular power supply equipment (UPS), string protective device, and power supply alarm device.

Article 26 of the Enforcement Rule of the Basic Terms and Conditions [Facilities for Protection, etc. from Use of Electricity] (4) The term "consumers likely to cause economic loss" in Article 39 (Facilities for Protection, etc. from Use of Electricity) (2) of the Terms and Conditions means customers and fish farms, greenhouse livestock farmers, computer-related industries, and agricultural and fishery products processing business, etc. who are obligated to install an emergency power supply system in accordance with the relevant Acts and subordinate statutes, and customers who are highly likely

Article 47 of the Framework Terms and Conditions of Supply shall be suspended or used.