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(영문) 대구지방법원 2017.06.29 2016가단108868

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are operating solar power plants in the Gyeongbuk F, G, and H (hereinafter “instant power plant”) and the Korea Electrical Safety Corporation is delegated by the Minister of Knowledge Economy with the inspection of electric installations.

B. On February 16, 2009, after obtaining a license for the electricity generation business from the Standing Governor, the Plaintiffs applied for confirmation of the annual base price applicable facilities to the New and Renewable Energy Center (hereinafter “New and Renewable Energy Center”). On May 19, 2009, the new and renewable energy center issued a confirmation of the annual standard price applicable facilities to the Plaintiffs. The said confirmation of the appointment was confirmed that the instant power plant was selected as the target facilities of annual base price in 2009 in accordance with the guidelines on the base price of the power generated from the use of new and renewable energy publicly notified by the Ministry of Knowledge Economy, and the said confirmation stated that the annual standard price applicable facilities shall be cancelled if the application for confirmation of the installation of the power generation fuel support facilities was not filed from May 19, 2009 to August 18, 2009.

C. Since then, the Plaintiffs had D (the representative I, I, and D) construct the instant power plant.

On August 14, 2009, the Plaintiffs filed an application for pre-use inspection with the J branch of Korea Electrical Safety Corporation on the instant power plant, and the Defendant, affiliated with the J branch of Korea Electrical Safety Corporation, issued a pre-use inspection certificate under the name of the Korea Electrical Safety Corporation (hereinafter “instant inspection certificate”) stating that the Defendant’s prior inspection of the electric installations of the instant power plant was conducted on August 17, 2009 after conducting an inspection on the electric installations of the instant power plant.

The Plaintiffs filed an application with the new and renewable energy center to verify the installation of the standard price for power generation price support facilities, along with the instant certificate of inspection, and received a confirmation from the new and renewable energy center on August 25, 2009 of the standard price for power generation price support facilities

Then, the plaintiffs are the power plant of this case.