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(영문) 부산지방법원동부지원 2015.11.26 2015가단211458
사용료
Text

1. The Defendant’s KRW 69,296,960 as well as the Plaintiff’s KRW 20% per annum from August 14, 2015 to September 30, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) On May 30, 2014, the Plaintiff is a facility for the storage of low temperature fishery products operated by the Defendant and the Defendant (hereinafter “instant facilities for the storage of low temperature fishery products”).

(2) From June 1, 2015, the Plaintiff discovered that the type of electricity supplied to low-pressure storage facilities of the instant fishery products according to the rules on the implementation of the terms and conditions of the electricity supply (i.e., “agricultural power (A)” should be applied to “I” rather than “agricultural use (B)” and the type of electricity supplied to low-pressure storage facilities of the instant fishery products from June 1, 2015 to “I” was corrected as “Industrial Power (A) I” and imposed electric utility charges.

3) Meanwhile, from June 2014 to May 2015, the difference in the electricity charges of 1,245,334W, which the Plaintiff supplied to low-pressure storage facilities for the instant fishery products, is KRW 69,296,960,00. On July 2, 2015, the Plaintiff filed a claim for the payment of the said difference with the Defendant via an official document. [The Plaintiff did not have any dispute over the grounds for recognition, the entries in subparagraphs A through 8, and the purport of the entire pleadings.”

B. According to the above facts and the aforementioned evidence, the following facts and circumstances are acknowledged: (a) the owner and the operating authority of the low temperature storage facility of the instant fishery product are not fisheries cooperatives or fishing village fraternities; (b) pursuant to Article 43(2) of the Enforcement Rule of the former Terms and Conditions of the Terms and Conditions of the Supply, the term “I” should not be “agricultural use (A)”; and (c) the term “I” means that the difference between the calculated charges and the erroneously calculated charges should be increased or decreased, and the Electric Utility Act stipulates that the difference between the calculated charges and the erroneously calculated charges shall be an essential electricity for many ordinary consumers.

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