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(영문) 대전지방법원 2017.06.21 2016가합103761
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

Basic Facts

The plaintiff is a company established in accordance with the Korea Electric Power Corporation Act and supplied electricity to the consumers of electricity in an exclusive position with permission from the competent Minister in accordance with the Electric Utility Act.

The defendant is a corporation established for the power generation business of the steel mill in which the Hyundai Steel Co., Ltd. (hereinafter referred to as the "Modern steel") participates as a major shareholder.

As of December 15, 2008, the Plaintiff entered into a contract for the use of electricity for industry with the Defendant from March 31, 2009, and supplied electricity to the Defendant from March 31, 2009 (the Plaintiff and the Defendant concluded a contract for the use of electricity over several occasions, and there is no meaningful difference in the content of each contract, and thus, collectively referred to as the “instant electric use contract”). In principle, the terms and conditions of the instant contract for the use of electricity are to supply preliminary power to the Defendant using electricity under the voltage of at least 154 KVA. However, in principle, the Defendant agrees to devise measures against the Defendant’s own responsibility in preparation for the supply of electric power, and signed and sealed on the electric contract.”

The Plaintiff and the Defendant agreed that the terms and conditions of the electric use contract of this case, which are not specified in the contract, are in accordance with the former terms and conditions of the electricity supply and the

On January 25, 2008, the Defendant supplied electricity to the Defendant, through the “Agreement on Joint Use of Electric Power Facilities with the Hyundai Steel Co., Ltd.,” was to use the power facilities, such as 345 kV tracks, owned and managed in the Hyundai Steel. Accordingly, the Defendant was supplied with electricity through 345 kV cycles owned by the Hyundai Steel Co., Ltd., leading to the modern steel power transformation station from the New Power Stations.

The above two-time vessels may be supplied with electricity through the remaining one line, even if the two-time vessels are fixed on a regular basis.

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