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(영문) 서울중앙지방법원 2016.02.03 2015나36715
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

The plaintiff entered into a contract with the defendant on October 24, 200 with regard to the use of electricity for the operation of the drainage of the emulious tide embankment 1 located in the Chosung-si, Chosung-si (hereinafter referred to as the "the drainage of this case") by contract type (the contract type was changed to the agricultural power (A) on August 29, 2005), the contract type of electricity with 350kmW, and on November 25, 2002, the contract type of electricity was entered into with the defendant, with regard to the use of electricity for the operation of the electric power of the emulious tide embankment 160 meters (hereinafter referred to as the "the above escape door of this case"), and on November 25, 2002, with regard to the electric power for the operation of the emulious tide, the contract type of electricity shall be the agricultural power, and on the contract with 30km W. (hereinafter referred to as the "each of the above contracts concerning the use of electricity of this case").

After the conclusion of the instant contract, the Plaintiff was supplied with electricity from the Defendant and operated the instant drainage lock, and the Defendant, around July 201, notified the Plaintiff of the change of the type of contract from the electric charge on August 201, 201 to the general electricity, since the instant drainage lock corresponds to the facilities used for the prevention of flood and farmland inundation.

Since July 23, 2008 to November 17, 2011, the Defendant filed a lawsuit with the Suwon District Court seeking payment of KRW 57,850,720 corresponding to the difference between the electricity rates of general electricity and the electricity rates of agricultural power (A) during the period from July 23, 2008 to November 17, 201. The Suwon District Court rendered a judgment dismissing the Defendant’s claim on October 16, 2012, and the Defendant filed an appeal (Uwon District Court 2012Na3964) and the final appeal (Supreme Court 2013Da207361) but all dismissed and the judgment against the Defendant was finalized as is.

Despite the above final judgment, the Defendant imposed on the Plaintiff the electricity fee that applied the general electricity without changing the type of contract of this case to the present date.

The Plaintiff.

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