소비자권익침해행위중지 및 금지
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a non-profit organization established pursuant to Article 29 of the Framework Act on Consumers for the purpose of promoting consumer rights and interests.
B. At the same time, the Plaintiff filed the instant lawsuit on October 14, 2016, and filed an application for permission for the lawsuit with this court as the court 2016Kao1254, and the said court’s decision to grant permission reached the Plaintiff and the Defendant respectively on October 24, 2016.
Therefore, although the Defendant filed an appeal against the said decision to permit the lawsuit, on December 20, 2017, received a notice of rejection of the appeal (No. 2016Ra406) and re-appealed against the said decision to dismiss the appeal, but on April 20, 2018, the said decision to permit the lawsuit became final and conclusive after being served with the said decision to dismiss the appeal (Supreme Court Decision 2018Ma5033).
C. The Defendant, the sole operator of the electric sales business established pursuant to the Korea Electric Power Corporation Act and licensed for the electric sales business under the Electric Utility Act, prepares terms and conditions of electricity rates and other supply terms and conditions under Article 16 of the Electric Utility Act (hereinafter “basic terms and conditions of supply”) and supplies electricity to the consumers of electricity on the basis thereof.
The basic terms and conditions of supply distinguish electricity from housing, industrial use, general use, education, agricultural use, street lamps according to the purpose of use. The basic terms and conditions of supply have different rates depending on the classification of electricity for housing, industrial use, education, use, street lamps, etc., while adopting the phased progressive system to apply the unit price (price per unit) to a certain increase as a result of the increase in the quantity of electricity used, while the other uses' power has not adopted the progressive system.
E. On October 1973, the Defendant imposed a fee on housing-use electric power in accordance with a phased progressive system with regard to the petroleum wave, and changed the progressive stage and the progressive rate over 20 times since the introduction of the phased progressive system.
(f) The terms and conditions of supply in force from January 1, 2016 to November 30, 2016 correspond to the electricity for housing in attached Table 1 months of the basic terms and conditions of supply.