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(영문) 부산지방법원 2016.01.14 2015가단209374
위약금
Text

1. The Defendant’s KRW 121,772,285 as well as 6% per annum from February 25, 2015 to November 12, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. From November 16, 1984 to February 9, 2015, the Plaintiff supplied electricity according to the terms and conditions of the contract for agricultural use(B) and high voltageA and contract power to the two fishing grounds of Busan National University (which was incorporated into Busan National University) to which the Defendant belongs, on the basis of the terms and conditions of the contract for agricultural use(B) and 80kW, and the Busan National University paid the electricity fee calculated by the agricultural power(B).

B. On February 13, 2015, the Plaintiff notified the Defendant of the payment of KRW 125,167,350, a penalty not later than the 24th day of the same month, if the Plaintiff violated the purpose of electric use (a type of contract) by using the farming power for the purpose of education.

C. The provisions on the electricity used in the rules on the implementation of the electricity supply clauses and the electricity supply clauses that the defendant applied during the period of using electricity are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 14, 18 through 22, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant, an educational institution, does not form an independent corporation or separate accounting unit for fish farms, and does not sell all or part of the products, the defendant's payment of the agricultural power fee for the electricity used in fish farms violates the type of contract, and therefore, the defendant is liable to pay the plaintiff penalty under the electrical supply terms and conditions.

On the other hand, the defendant asserts that the fish farming facilities used as the fish farming farm form the main fish, and part of the management consent is used as a teaching room, but it is extremely nothing more than part of it, so it is reasonable to pay the fee for using the farm electricity for the electricity supplied to the fish farm.

B. According to the above evidence, the defendant's fish farm consists of the outdoor 12 dong (12 dong) and the management dong (1st floor above the ground) made as a vinyl house. The defendant's fish farm consists of the underground 12 dong (12 dong) and the management dong (1st floor above the ground floor),

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