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(영문) 광주고등법원 2019.06.05 2016나11980
손해배상(기)
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. Defendant Korea Electric Power Corporation is an operator of the electric utility business who runs the electric transmission business, the electric distribution business, and the electric sales business under the Electric Utility Act.

Defendant Republic of Korea is a person who permits or cancels the electric utility business in order to establish a basic system on the electric utility business under the Electric Utility Act, promote the sound development of the electric utility business, protect the interests of consumers, and contribute to the development of the national economy, and formulates a basic plan for electricity supply and demand, etc., and orders the electricity supplier, etc. to adjust the supply and demand and to take measures such as the suspension of and restriction on electric transactions against the Korea Power Exchange (hereinafter referred to as “Korea Power Exchange”).

B. On January 7, 2002, the Plaintiff entered into an agreement on the supply of electricity with Defendant Korea Electric Power Corporation to supply electricity for agricultural use with the Korea Electric Power Corporation, and cultivated the uniform in the name of “C” in the leisure city B (hereinafter “instant aquaculture”).

On September 15, 2011, the Electric Utility Corporation established to operate the electric utility market and the electric power system under the Electric Utility Act ordered the Defendant Korea Electric Power Corporation to distribute the electric power to the Defendant Korea Electric Power Corporation, and the Defendant Korea Electric Power Corporation operated the electric power system in order from around that time to around 19:56 on the same day.

(hereinafter referred to as “instant circular group”). D.

On the other hand, among the terms and conditions of electricity supply to be incorporated into a part of the electricity supply contract concluded with Defendant Korea Electric Power Corporation, the following are applicable.

Article 9 [Consent to Supply] (1) If a customer files an application for electrical use, the whole shall accept the supply.

(2) Notwithstanding paragraph (1), in any of the following cases, we may refuse to supply electricity in whole or in part:

1. Where the supply of electricity is restricted in accordance with Acts and subordinate statutes;

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