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(영문) 인천지방법원 2015.06.18 2014가단246751

위약금청구

Text

1. The defendant shall pay 23,59,200 won to the plaintiff and 20% per annum from October 15, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 6, 2004, the defendant completed the registration of transfer of ownership on the fourth floor above the Incheon Gyeyang-gu ground (in addition to the existing third floor neighborhood living facilities and housing, one household of 4th floor was expanded on or around December 28, 2001; hereinafter "the building in this case"). < Amended by Presidential Decree No. 18170, Jan. 6, 2004>

B. Nonparty C, the former owner of the instant building, was supplied with electricity from the Plaintiff using the type of electric power for housing at the fourth floor 401 of the instant building (hereinafter “instant electric use place”). However, the Defendant changed the name of the contract to the Defendant on May 27, 2004, and paid the charges by automatic transfer.

C. On April 30, 2009, the type of contract for the instant electric use place was changed from “house use” to “general (A) low pressure”; the contractual power was changed from “3kW to “5kW”; and the Defendant used electricity as indicated in the monthly usage column in the attached sheet, and paid a charge corresponding to the general electricity.

On August 27, 2014, the Plaintiff confirmed that only ordinary residential facilities exist at the instant electrical use site upon receiving a request for verification of the use of the instant electrical use site from its employees for the purpose other than the original purpose. On September 24, 2014, the Plaintiff notified the Defendant on September 24, 2014 that penalty of KRW 23,59,200 due to the breach of contract by type (the use of residential facilities as general electricity) from May 2009 to August 2014, the Plaintiff paid KRW 23,59,200 due to the breach of contract by type (the use of residential facilities as general electricity), and changed the type of contract into the housing power.

E. The terms and conditions of the Plaintiff’s electric supply (hereinafter “instant terms and conditions”) relating to the instant case are as follows.

Article 8 (Application for Electric Use) (1) If a customer wishes to use new electricity or to change the use of electricity (hereinafter referred to as "application for electric use"), he/she shall in advance consent to this terms and conditions.

(2) An application for electric use shall be made in the name of the consumer of electricity by entering necessary matters in the application form determined by the former (attached Form 1).