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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 9,448,424 as well as to the plaintiff on June 3, 2014.
Reasons
1. Facts of recognition;
A. The plaintiff is a public corporation that is responsible for the supply of electricity to the entire area of the Republic of Korea, and the defendant is the owner of the Busan Shipping Daegu Building (hereinafter "the building of this case").
B. On May 28, 2007, the Defendant: (a) filed an application with the Plaintiff for the change of a contract for electricity use with a house power and a deep field power from the general electricity on the instant building; (b) on June 28, 2007, the Defendant operated a mutual gallon of the trade name “C” in the instant building; (c) filed an application for change of a contract for electricity use with a general power from a house to a general power; and (d) received electricity from the Plaintiff.
C. On May 13, 2008, the Defendant: (a) registered the instant building under the name of his/her spouse as the location of his/her workplace; (b) changed the name of “C” on May 1, 2012; and (c) reported the closure of business on December 31, 2013.
However, from December 2013 to March 2014, the Defendant reported the instant building as a house-use electric power for the said period to use it as a house, and thereby exempted the Defendant from the electric power charge of KRW 582,166 (i.e., KRW 93,540, KRW 351,374, KRW 3540, KRW 351,374; hereinafter “efforcing charges by type of contract”). ② The Defendant avoided the Defendant from the electric power charge of the instant building during the said period (hereinafter “the instant contact”). ② The Defendant avoided the Defendant from the electric power charge of the instant building at ordinary times during the hours other than the core hours for the instant contact (i.e., the electric power rate of KRW 8,177, KRW 75, KRW 687, KRW 105, KRW 1055, KRW 164, KRW 1094, KRW 1064, KRW 164, etc.).
E. Meanwhile, the main contents of the terms and conditions of the electricity supply contract concluded around May 28, 2007 between the Plaintiff and the Defendant (hereinafter “instant terms and conditions”) are as follows.
(1) The electricity for housing and that for general use are different by contract type, and the galloning power shall be used for general use.