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(영문) 대구지방법원 2016.10.06 2015나310856
부당이득금
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is a person who produces, packages, and sells food produced by spawning the spawn in a spawn spawn.

B. 1) The Plaintiff is Youngcheon-si B (hereinafter “instant place”).

(2) On the other hand, the Plaintiff was supplied with industrial electricity in “C” separately established by the Plaintiff (which is supplied with industrial electricity) and operated the business of packing and crushing peeping peep.

C. The Plaintiff filed an application with the Defendant for the supply of “agricultural-use power” for the supply of the electricity to be supplied to the instant place, but the Defendant rejected the application and filed an application for electric use with the “general use (A) low pressure” for each type of contract.

On May 10, 2013, the Plaintiff entered into a contract with the Defendant with regard to the electric power to be supplied to the instant location by contract type “general (A) low voltage,” “15kW,” “commercial use,” and “other industrial agricultural products” (hereinafter “the instant contract”).

The provisions relevant to this case in the defendant's terms and conditions of the electricity supply and the terms and conditions of the electricity supply are as follows:

Article 1 (Purpose) of the former Terms and Conditions of Supply (hereinafter referred to as the "Terms and Conditions of this case") provides that the basic terms and conditions of supply referred to in Article 1 (Purpose) refers to a person who uses or intends to use electricity;

The purpose is to determine rates and other terms and conditions of supply at the time of providing electricity to the customers. The detailed matters necessary for the implementation of the terms and conditions of this case shall be prescribed by the Administrative Instructions in accordance with the purport of the terms and conditions of this case, and those not specified in the terms and conditions of this case shall be determined through consultation between the customers and the defendant.

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