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(영문) 청주지방법원 2015.12.18 2015나11015
위약금 청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The contract power may be calculated on the basis of the small capacity display by air conditioners (FN)" between the last parallel of the first instance judgment and the third parallel of the second parallel of the third parallel of the third parallel of the third parallel of the judgment, and "the contract power may be calculated on the basis of the small capacity display by air conditioners (FN) if the customer wishes to do so, on the basis of the small capacity in terms of removing air condition condition that air conditioners be removed if the customer wants to do so." The plaintiff's assertion in the trial is identical to the entry of the reasons for the first instance judgment, except for the addition of the judgment as referred to in paragraph (2) below, and therefore, it is cited as it is in accordance with the main sentence of Article

2. Additional determination

A. The Plaintiff’s assertion has the obligation to seal the air conditioners in the change voltage equipment used by the Defendant (hereinafter “the change voltage equipment”). The Defendant, without sealing the air condition cooling equipment, maintained the condition where the above air condition cooling equipment connected to the change voltage equipment can operate at any time, and accordingly, the change voltage equipment’s rated capacity increased from 10,000 kw to 13,000 kw.

Therefore, the Defendant’s failure to seal the above air conditioners in the transformation machines of this case constitutes an extension of electric installations by itself. Therefore, the Defendant is obliged to pay the Plaintiff the sum of KRW 54,349,129 (the amount of damages caused by the calculation of the basic fee of the spare power from March 2009 to February 2014) as penalty pursuant to Article 44 of the Plaintiff’s terms and conditions of the electricity supply and Article 29 of the Enforcement Rule.

B. 1) Determination 1) The subject of the duty to seal the air conditioners of the transformers in this case refers to panty (FN) which is a facility in which the Plaintiff and the Defendant, among themselves, provide heat to prevent leakage from overheating the air conditioners of the transformers in this case. With regard to whether to seal B, health unit Nos. 1, 3, 2 through 6, 9, 10 (B) are located.

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