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(영문) 광주지방법원 2015.07.02 2015가단502317
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On April 2013, the Plaintiff applied for the change of contract power to 400 km with respect to the power distribution facilities at the location of the Plaintiff’s business establishment from 250 km to 400 km.

According to the defendant's regulations, the water distribution facilities of 400kw shall be applied with an opportunity of 360 times, not 240 times, but 360 times, but the defendant did not explain to the plaintiff.

However, the Defendant imposed electricity charges on the Plaintiff’s used power by mistake on the measuring instruments 240 times after the said extension work, and the Plaintiff has paid the electricity charges from around that time to September 2014.

Around September 2014, the Defendant discovered a mistake in the application of the foregoing measuring instruments. On September 29, 2014, the Defendant requested the Plaintiff to “Inasmuch as the electricity charges imposed by the Defendant from April 30, 2013 to August 22, 2014 were entered by an error in the meter multiples, the electricity charges calculated by inputting the meter multiple into 360 times as the meter multiples, and the difference between the electricity charges calculated by inserting the meter multiples into 360 times and the electricity charges already paid to 45,657,470 won are additionally paid.”

When the Plaintiff becomes aware of the change in the above water meter drainage, he/she again constructed a construction on October 4, 2014, which lowers the power of the water distribution facility to 350 km in order to apply the water meter drainage to 240 times again, and applied for the change in the contract power to the Defendant.

Defendant’s additional statement on October 30, 2014 to the Plaintiff on October 30, 2014

The additional electricity fee of KRW 45,921,746, including gold, was claimed.

【In the absence of any dispute, the Plaintiff did not explain to the Plaintiff that the Defendant supplied electricity, the number of instruments for the expanded volume of electric power increases to 360 times, and accordingly, the increase in electric utility charges is increased to 16 months after the extension of construction works, and did not inform the Plaintiff of the increase in electric utility charges due to the increase in the volume of the meter until about 16 months after the extension of construction works. As such, the Plaintiff did not apply the 240 times measuring instruments.

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