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(영문) 대전지방법원 2016.08.19 2014나7085

사용료

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On June 30, 1995, the Plaintiff entered into an electric utility contract with the Defendant who operates the B childcare center, and supplied electricity to the Defendant.

B. On November 28, 2007, the Plaintiff replaced a measuring instrument installed in B child care center, and the 3L only one of the cL of the dactical change donation should be connected to the AL of the dactical change donation, and the 1L of the dactical change donation should be connected to the AL of the dactical change donation, but the 3L single and the 1L single were mistakenly connected to the AL.

(hereinafter referred to as “the instant ship”). C.

On September 27, 2012, the Plaintiff discovered the instant offline while making a tour of electric meters, and replaced the measuring instruments again on February 27, 2013.

The measuring instruments of the same type as those installed in B childcare centers are installed at the same time in the normal string, and the quantity of electricity was measured by comparing the quantity of electricity with the measuring instruments installed in B childcare centers, which are measured to have less than 59.83% of the quantity of electricity used compared to the normal string measuring instruments.

E. The volume of electric power used at B childcare centers measured from April 4, 2010 to March 2013 is total of 186,60kW (the period that serves as the basis for the imposition of monthly user fees shall be from April 4 of the preceding month to March 3 of the same month, and on March 27, 2013, the amount of electric power used before the replacement of measuring instruments shall be calculated only on February 27, 2013), the user fees shall be total of 12,068,210 won.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 8, 12, and 15, appraiser C's appraisal result, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the actual volume of electricity used by the Defendant from April 2010 to March 2013 is 464,525kW [=186,60kW ± 0.4017 + 0.4017 [1-0.5983]. Of them, the amount of electricity used not measured by the ray of this case is 277,925kW [4,525kW - 464,525kW - 186,60kW], and its user fee is 17,974,583 won [27,925kW x 12,068,210 won/186,60kW].

Therefore, the defendant is entitled to KRW 12,068,210, which is claimed by the plaintiff among the fees for the use of electricity that has not been measured by the error of this case.