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(영문) 부산지방법원 2019.09.26 2019가단304758
전기요금등
Text

1. The Defendant’s KRW 96,437,260 as well as 15% per annum from March 9, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an electric use contract with the Defendant, which operates the mutual intent company called “C” in Busan Northern-gu B and 4, and supplied electricity to the Defendant.

B. As to the electricity that the Plaintiff supplied to the Defendant from June 10, 2017 to September 25, 2018, the imposition and payment of KRW 67,838,440 was omitted on the wind that the Plaintiff’s person in charge of the Plaintiff should input the volume of the meter change in 50 times.

According to the Plaintiff’s basic terms and conditions of supply, Article 76 of the Enforcement Rule of the Basic Terms and Conditions of Supply and the Guidelines for Handling Fees, the difference between the calculated charges and the erroneously calculated charges should be adjusted accordingly.

C. The Defendant had been supplied with electricity by filing an application for change of the electricity use contract on May 24, 2017, when applying for change of the electricity use contract, since the Defendant had engaged in the mining business in the above place for the above period, and had been supplied with electricity by filing an application for industrial power.

According to the Plaintiff’s basic terms and conditions of supply, its detailed rules and guidelines for handling charges, in a case where the electricity users used electricity for the purpose corresponding to the type of contract other than the type of contract that they agreed with the Plaintiff in violation of the terms and conditions as above, and the charges were not calculated properly, the difference between the amount equivalent to the charges calculated on the basis of the actual type of contract and the charges calculated on the basis of the existing contract, ② the penalty equivalent to one times the above difference, ③ the charges for the Electrical Industry Foundation Fund equivalent to 3.7% of the above

Accordingly, the amount to be paid by the Defendant is ① KRW 13,38,273, value-added tax for the amount of KRW 13,382,727, ② KRW 13,382,727, ③ KRW 495,160, and KRW 28,598,87.

[Ground for Recognition: Facts without dispute, Gap 1 through 24, the purport of the whole pleadings]

2. The defendant's judgment as to the cause of the claim shall be as to the plaintiff 1-A.

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