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(영문) 대전고등법원 2015.04.20 2014나13028

위약금 등

Text

1. Revocation of a judgment of the first instance;

2. Based on the selective claim added at the trial court, the defendant shall be the plaintiff on 185,055.

Reasons

1. Basic facts

A. The Defendant is an incorporated farming association established for the purpose of environment-friendly agriculture and livestock management, feed production, mass wastewater treatment, and fertilizer production, etc., and has installed joint treatment facilities for livestock excreta, such as wastewater treatment plants, etc. (hereinafter “the instant excreta treatment facilities”) in 224-1, Yong-nam Hong-gun, Hongcheon-gun, Hongcheon-gun, and has performed livestock excreta treatment work for producers of livestock products (breshers) who are its members.

B. On August 13, 2007, the Defendant filed an application with the Plaintiff for electric use with the purport that the contract type for the instant excreta treatment plant shall be classified as industrial power, and that the Plaintiff agrees to comply with the terms and conditions of the electricity supply.

C. According to the Plaintiff’s terms and conditions of electricity supply and the enforcement rules that were applied at the time of December 2007, it was unclear whether the Defendant’s instant excreta treatment plant is subject to the supply of agricultural power.

On December 6, 2007, upon the Defendant’s above application for electric use, the Plaintiff entered into a contract with the Defendant for the electric use of the instant excreta treatment facilities (hereinafter “instant supply contract”) with the following contents, and has supplied the Defendant with the power of agricultural use since that time:

Electric Use Place: Agricultural Power (A) for Agricultural Use by Contract Type 224-1, Gwangju-gun, Chungcheongnam-gun: 450kW on the date of commencement of use of livestock wastewater: December 1, 2007, the matters not specified in this Agreement shall be based on the basic terms and conditions of supply of the plaintiff, and if there is any difference in interpretation, a mutual agreement shall be made.

2. If the plaintiff's basic terms and conditions of supply are modified, they will be at the risk of complying with the amended basic terms and conditions of supply.

3. The Plaintiff is liable to compensate the Defendant for the damage caused by the power failure under Article 49 of the Framework Terms and Conditions of Supply. As much as possible, the Plaintiff is obliged to pay attention so that the damage caused by the power failure is not caused by the installation of facilities for preventing the damage caused by the power failure.

4.As set forth above.