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(영문) 춘천지방법원 강릉지원 2018.11.06 2018나30747
위자료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff entered into a housing electric power use contract (hereinafter “instant electric power use contract”) with the Defendant Korea Electric Power Corporation (hereinafter “Defendant Company”). In relation to the electric power to be used in the housing located in Gangnam-si C and 204, the Plaintiff located in the Plaintiff’s dwelling.

B. The Defendant, around June 30, 2014, notified the Plaintiff of the termination of the instant electric use contract on the following grounds: (a) overdue charge for the portion of April 2014 ( May 15, 2014) and the portion of May (payment date June 16, 2014).

C. Since then, the Defendant installed a electric current limitation device to restrict the supply of electricity on August 14, 2014 in the event that the monthly electricity charge for three months was in arrears.

1) On August 15, 2014, the Plaintiff paid electric power rates on April 2014, and requested the Defendant Company to remove electric current limits. (2) However, the Defendant Company did not remove electric current limits on the grounds that the electric power rates for May 15, 2014, as of August 15, 2014, did not meet the requirements of Article 46(1) of the Framework Terms and Conditions of Supply, on the grounds that the electric power rates for June, 2014 were not paid.

Article 4 (Detailed Rules of Terms and Conditions) The detailed matters necessary for the enforcement of these Terms and Conditions shall be prescribed by the detailed rules of implementation (hereinafter referred to as "Regulations") in accordance with the purpose of the terms and conditions, and the matters not specified in the terms and conditions and the detailed rules shall be determined in consultation with customers.

Article 15 (Termination of Electric Use Contract due to Responsibility of Customers) (1) If a customer fails to pay a charge by the date two months have passed from the due date, the electric use contract may be terminated.

At this time, Korea shall give notice of termination to the customer by no later than seven days prior to the scheduled date of termination.

However, with respect to residential housing customers, the supply of electricity may be restricted by installing a electric current limiting device without cancelling the contract.

Article 46 (Reusable and Reususable Fees after Termination, Suspension or Suspension of Electric Use Contract) (1) Customer shall comply with the customer’s request under Article 13.

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