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(영문) 울산지방법원 2018.03.29 2017가합23840
채무부존재확인
Text

1. On July 10, 2008, between the Plaintiff and the Defendant, as a result of the Plaintiff’s breach of the electric use contract between the Plaintiff and the Defendant.

Reasons

1. Place of electricity use by type of basic fact contract: The electricity supply clauses and detailed rules of the defendant shall apply to the matters not specified in the contract for 10/5A contract for the electricity use of high voltageA: 350kW change equipment: 350kVA equipment: The electricity supply clauses and the detailed rules of implementation of the contract for the defendant;

A. On July 10, 2008, the Plaintiff entered into an electric use contract with the Defendant (hereinafter “instant electric use contract”) on the following terms to be supplied with electricity necessary for the business of waste plastics processing and manufacturing, etc., and received electricity from the Defendant around that time.

B. On-site verification of the Plaintiff’s workplace around June 2017, the Defendant, in violation of the instant electric utility use contract, needs to convert the voltage and current to measure the large current of 400kW transformers and high voltage voltages with the instruments using electric measuring instruments without the Defendant’s approval. In such a case, the apparatus converting the voltage is a changer for instruments (PT) and a device converting the voltage into the current (CT), and is a changer for instruments (MOF). The devices installed by combining the instrument changer and the instrument changer for instruments (MOF) are the changer for instruments.

(30/5A) additional installation and use was discovered.

On July 2017, the defendant claimed 1,520,393,905 won as penalty under Article 44 of the Basic Terms and Conditions of Supply against the plaintiff.

C. Meanwhile, the penalty claimed by the Defendant against the Plaintiff is comprised of ① evaded charges (the difference between the electricity charges that the Plaintiff paid to the Defendant upon entering into an ordinary contract and the electricity charges that the Plaintiff paid to the Defendant in accordance with the instant electrical use contract), ② value-added tax equivalent to 10% of the evaded charges, ③ Electric Infrastructure Fund (the charges imposed under Article 48 of the Electric Utility Act) and ④ penalty surcharges on penalty surcharges.

On the premise that the time when the Plaintiff installed an additional installation of the transformers and the transformers for the meter without permission from April 2009, the Defendant took a normal measure from that time on June 27, 2017.

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