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(영문) 수원지방법원 2016.10.13 2015가합63018
위약금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2008, the Defendant started the new construction of the building at two original technical research institutes within the campus of two original technical research institutes (hereinafter “instant research institutes”) under the Defendant’s control and obtained approval for the use of the building on December 21, 2009.

B. On June 2009, the Defendant applied for the extension of power supplied by the Plaintiff to the Plaintiff as a result of the construction of the instant research institute building, and entered the use of power in the application for the use of electricity in the education course.

C. On November 30, 2009, the Plaintiff and the Defendant concluded a new contract for electrical use with the purpose of education high-tension and electricity use with other public purposes, contract power of 5,200km (hereinafter “instant contract for electrical use”).

The main contents of the basic terms and conditions and the detailed rules applicable to the electric use contract of this case are as follows.

[Basic Terms and Conditions of Supply] Article 18-2 (Unit of Electric Use Contract) The plaintiff concludes a contract for one electric use at the place of one electric use.

However, if there are two or more different types of contracts in the first place of use, or if the first place of use is classified into two or more units of electric use contract in accordance with the detailed rules, it may enter into two or more electric use contracts.

Article 55 (Classification of Contract Types) Types of Contracts shall be classified into house electric power, general-use electric power, education electric power, industrial-use electric power, agricultural-use electric power, street lamps, spare electric power, and temporary electric power according to the use of electric units of electric utility units.

Article 58 (Educational Power) (1) The educational power shall be applied to any of the following customers with contract power of at least 4 km:

1. Schools (excluding affiliated hospitals) under the Higher Education Act, and academic career-accredited lifelong educational establishments under the Lifelong Education Act.

However, company houses shall not be deemed incidental facilities.

[Rules on the Enforcement of the former Terms and Conditions of Supply ( January 2, 2014)]

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