공항시설사용료
1. The defendant's appeal and the claim for return of provisional payment are all dismissed.
2. The expenses of filing an application for the return of the provisional payment of the appeal cost.
1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following determination as to the matters alleged in the trial at the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. (A) Article 44 of the Terms and Conditions of this case and the attached Table / [4] [the amended Terms and Conditions of August 24, 2010 changed to Article 39 and attached Table 3; hereinafter “instant provisions”) provide that “The Defendant shall pay the charges for the use of electric facilities for the use of electric facilities at least 600 5 high voltage electricity (the first 1kWhhhh, but the Plaintiff shall be reduced to December 23, 2005) as the charges for the use of electric facilities.” However, the meaning of the instant provisions is deemed to be “the Plaintiff may continue to impose the charges for the use of electric facilities according to the Defendant’s electric consumption, regardless of whether prior investment was recovered in power supply facilities installed by him/her,” which constitutes an unreasonably unfavorable provision under Article 6 of the Act on the Regulation of Terms and Conditions (hereinafter “Consumer Regulation Terms and Conditions”).
Therefore, in order to effectively continue the instant provision, the purport of the instant provision should be modified to the effect that “the Plaintiff may impose electric facilities usage fees on the Defendant until the amount of prior investment costs on the power supply facilities installed by the Plaintiff is recovered.”
Ultimately, the instant provision should be construed as “if the Plaintiff collects all prior investment costs for power supply facilities, no more than would charge electric facilities usage charges.” As the Plaintiff collected all prior investment charges for electric facilities paid from facilities users including the Defendant by 2010, the Plaintiff cannot claim the Defendant for electric facilities usage charges from January 201, 201.
(b).