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(영문) 서울중앙지방법원 2015.07.23 2014가합543434

위약금

Text

1. As to KRW 8,190,281,366 among the Plaintiff and KRW 3,851,113,255 among the Plaintiff, the Defendant shall start on October 5, 2013, and KRW 3,140,306.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a public corporation that is responsible for the supply of electricity to the discharge of the Republic of Korea. 2) The Defendant is a corporation that mainly engages in the development, sale, etc. of power and heating resources, and is an operator of the private electricity generation business that produces electricity by operating a solar power plant located in Ansan-si B (hereinafter “Annyang-si power plant”) and a secondary thermal power plant located in Ansan-si C (hereinafter “anncheon-si Power Plant”).

B. The Defendant’s solar power plants and vice-dried power plants 1) the Plaintiff has concentrated on the power generation, transmission, distribution, and sales of the domestic power market by 200. The Plaintiff’s solar power plants and vice-dried power plants (hereinafter collectively referred to as “each of the instant power plants”).

(2) On June 22, 2000, the Plaintiff entered into a contract to sell each of the instant power plants to the Defendant (the foregoing contract consists of an asset acquisition agreement, power purchase agreement, and land lease agreement) in accordance with the government’s policies for privatization of public enterprises.

C. 1) The basic electricity charges and the electricity charges imposed by the Plaintiff on the consumers of electricity consisting of the basic electricity charges and the volume of electricity. The basic electricity charges, regardless of whether the quantity of electricity used exists, consisting of the charges that serve as the basis for the calculation of the charges, is determined by the highest amount of the “minimum demand power” and “30% of the contract power” in the event that the maximum demand power system is installed as with the Defendant. The maximum demand power is determined by the highest amount of the 2,880 times (=24 hours x 4 times x 30 days x 30 days) between the month with the power accumulated in the maximum demand power system as 15 minutes. Among them, the maximum demand power shall be measured by the 2,880 times (=1 hour) x 30 days x 30 days.

According to the plaintiff's basic terms and conditions of supply, the method of calculating contract power is based on the method of calculating contract power according to the use facilities and the variable equipment.