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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an urban gas supply contract with Busan Urban Gas Co., Ltd. (hereinafter “ Busan Urban Gas”), and was supplied with urban gas from Busan Urban Gas, and operated a fuel cell power plant located in 896 Busan Urban Transportation Daegu Maritime Transportation. The Defendant entered into a natural gas supply contract with an urban gas business entity, including Busan Urban Gas, and supplies natural gas to the urban gas business entity.
B. On January 22, 2018, the Defendant sent to Busan Urban Gas Co., Ltd. a public notice stating that “The Plaintiff’s raw material cost (unit: Won/MJ) for gas use in February 2018, pursuant to Article 29(2) and (3) of the Natural Gas Supply Regulations, applied from 10.8569 to 12.612 won.” On January 30, 2018, the Defendant notified the Plaintiff of the above public notice.
C. On March 15, 2018, Busan Urban Gas imposed on the Plaintiff the gas charge of KRW 3,017,157,630 (255,9,553,205, the cost of replacing the measuring instruments of KRW 255,980,819 - the refund amount of KRW 18,631,390 - the refund amount of KRW 18,631,390, the Plaintiff paid the gas charge to Busan Urban Gas on March 15, 2018.
[Ground of recognition] Facts without dispute, Gap 6, 8, 9, and 10; the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff does not constitute a “direct import scheduled business entity specified in a natural gas supply and demand plan publicly notified pursuant to Article 18-2 of the Urban Gas Business Act” as stipulated in Article 7(1)5 of the Natural Gas Supply Regulations.
B. Nevertheless, the Defendant adjusted the raw material cost from 10.8569 to 12.612 won on the ground that the Plaintiff falls under a business entity scheduled to import directly. The Busan Urban Gas imposed the gas charge on February 2, 2018 on the Plaintiff based on the raw material cost adjusted upward according to the Defendant’s above policy. As a result, the Plaintiff imposed the gas charge on Busan Urban Gas.