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(영문) 대구지방법원서부지원 2017.06.15 2016가합52181
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 298,489,340 and the interest rate of KRW 15% per annum from October 1, 2016 to the date of full payment.

Reasons

1. Basic facts: (a) On May 30, 2012, the main content of the instant contract is the industry(B) industry(s) for each type of contract; (b) high voltageA contract; (c) 920kmW on May 30, 2012; (c) customer customer (Defendant) customer (C) 920kmW on May 30, 2012; (d) customer (C) customer (C) 1-use facilities 295kmW on the project for industrial (A), high voltageA contract for each type of contract under the customer’s name C-use facilities; and (e) the Plaintiff entered into a contract with the Plaintiff for the use of electricity as follows.

A. On April 195, the Defendant entered into an electric utility use contract with the Plaintiff at high pressureA 920kW around April 1995 and entered into an electric utility use contract with the Plaintiff and used electricity. On May 25, 2012, the Defendant entered into an electric utility use contract (hereinafter “instant contract”) with the following content.

After that, the defendant has been supplied with electricity from the plaintiff until June 2016 by changing the terms and conditions of the contract into high voltageA 285kW again on April 18, 2014.

B. On June 2016, the Plaintiff determined that among the instant contracts, C violated the Plaintiff’s basic terms and conditions of supply for electricity to the Defendant and joint-use customers (hereinafter “instant terms and conditions”). Accordingly, the Plaintiff notified the Defendant of the contractual normalization measures to correct the breach of the terms and conditions, and filed a claim for penalty under Article 44 of the instant terms and conditions.

The penalty claimed by the Plaintiff to the Defendant is ① The electricity fee that the Defendant paid to the Plaintiff when entering into a normal contract for the evasion fee, and the instant case.

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