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(영문) 대법원 2018.11.29 2015다243095
채무부존재확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined.

The lower court determined that, since the electric power system does not meet the requirements of “customers’ desire,” the electric power system does not fall under the reserve power under the terms and conditions of the electric supply, the grounds for exemption of the instant special exemption agreement did not cease to exist even after January 26, 2011, and even if the instant special exemption agreement ends on June 1, 201, the Plaintiff (Counterclaim Defendant) was not liable to pay the penalty.

In light of the relevant legal principles and records, the above determination by the court below is acceptable. In so doing, the court below did not err by misapprehending the legal principles on interpretation of legal acts, interpretation of terms and conditions and the good faith principle, omitting judgment, failing to exhaust all necessary deliberations, or failing to

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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