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(영문) 울산지방법원 2018.05.03 2017나24441
위약금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. According to the Plaintiff’s selective terms and conditions of supply and demand management guidelines for the purpose of accommodating the building B and the building of the Nam-gu Seoul (hereinafter “instant building”) on June 30, 1997, the Plaintiff applied a separate electricity charge to the core power equipment supplied during late night hours and produced heat, hot water or ice and used for heating or air conditioners in order to efficiently operate the power equipment by spreading electricity demand concentrated on a specific time period from 23:0 p.m. to 9:0 p.m. on the day following the late night time in which the use of electricity is low. The core power charge is imposed separate charges on the core power equipment used for heating or air condition after producing heat, hot water or ice. The core power charge is imposed a charge separate from the ordinary charge by installing a measuring instrument for the “high power equipment”: the contract power: 40kw, commercial use: the contract on the use of the electric power (hereinafter “instant electric power”).

B. On February 28, 2005, E, the Defendant’s wife, purchased the instant building from B, and completed the registration of ownership transfer on March 8, 2005. On March 4, 2005, E, with the trade name “D”, completed the registration of bath business.

C. Meanwhile, in addition to the high-speed power (F.) of the instant building, the instant building is supplied with low-speed (weighing machine number): housing (G) and the general high-tension (H.). However, the contractual parties of low-speed and general high-tension are E, whereas the contractual parties of high-speed power continue to be registered as B, the owner of the instant building, without changing to E.

Around June 9, 2011, the Defendant installed a core power device without the Plaintiff’s approval, and used it around that time, and was exposed from the Plaintiff’s on-site investigation center on March 3, 2016.

E. The Plaintiff has a core power from June 9, 201 to March 2, 2016, where the Defendant installed an unapproved core power device.

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