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(영문) 서울고등법원 2016.02.05 2014나2003595
위약금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff 13,253,950,030 won and 9,684,334.

Reasons

1. Basic facts

A. From around 2000 to the Plaintiff, the Defendant entered into an electric use contract for a chemical with the Plaintiff, and received electricity from a new source substation. At present, the Defendant is currently being supplied with commercial power and spare power from a new source substation according to the electricity use contract (hereinafter “instant First Agreement”) on March 13, 2008, and the contract power is 154kmV 320 MW, respectively.

B C

B. From around May 31, 2012, the Defendant entered into an electricity use agreement with the Plaintiff on the use of electricity for a chemical 2 plant, and entered into an electricity use agreement with the Plaintiff on December 18, 2008, under which the Plaintiff was supplied with 345kV 320 MW's commercial power and spare power from a new source transformation station, and entered into an electricity use agreement with the Plaintiff on the supply of an additional supply of 154kV 240 MW’s reserve power from the existing new source transformation station by amending the electricity use agreement as of December 18, 2008. From May 31, 2010, which was after the extension of the Plaintiff's credit, the Defendant received an additional supply of electric power from the credit generator by concluding an electric power use agreement with the content of being supplied with 345kV 320 MW's reserve power.

After that, on September 30, 201, the Defendant entered into a contract with the Plaintiff on May 31, 201, with the content that the contractual power capacity from a new source transformation station and a credit substation, from 320W to 800W, and the contractual power capacity from a disease station, shall be increased from 240W to 400W, and the remainder shall be the same as the other, (hereinafter “instant contract 2”) and is supplied with both common power and spare power from each transformation station.

B The above changes in the contract power among the electric use contracts between the Plaintiff and the Defendant for the chemical two factories are as follows:

At around 205, around 2005, and around 18 December 2008, between the plaintiff and the defendant as of December 2008.

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