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(영문) 춘천지방법원 강릉지원 2018.12.11 2018나31061
전기사용료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the addition of the judgment equivalent to that of paragraph (2) as to the assertion added or emphasized by the plaintiff in this court, and thus, it is acceptable to

2. Additional determination

A. The Plaintiff’s assertion that the instant center does not constitute “educational facilities, etc. to which educational power applies” is not determined as follows: (a) the instant center is an institution established by the funds of the Ministry of Oceans and Fisheries and is not operated with the Ministry’s budget; and (b) the instant center does not fall under educational facilities established under the laws listed in Article 58(1)1 of the Framework Terms and Conditions of Supply; and (c) the instant basic terms and conditions vary in the unit of electric usage contract in the location far away from the principal school of Gangwon-do University; and thus does not constitute supplementary facilities listed in Article 58(3) of the Framework Terms and Conditions of Supply of the instant case. Furthermore, among the instant center, the instant center does not appear to constitute an essential facility for curriculum or an essential facility for research, and thus, it does not constitute an essential facility for research and development of marine life department or marine resource-related facilities under the proviso to Article 41(2) of the Enforcement Rule of the instant basic terms and conditions of supply, and thus, it does not constitute an essential facility for research and development of the instant marine resources.

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