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(영문) 광주고등법원 2015.07.15 2014나13227
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic fact-finding terms and conditions of the supply of electricity (facilities, such as protective devices, etc. under the use of electricity) (2) A customer who is likely to suffer economic loss if the supply of electricity is suspended or terminated due to inevitable reasons shall be careful not to cause damage by installing an appropriate independent protective device, such as an emergency power generator, power supply system, string protective device, and power supply alarm device;

Article 47 (Suspension of Supply or Restriction on Use of Supply) (1) In any of the following cases, the defendant may inevitably suspend the supply of electricity or restrict the use of electricity:

3. Where a failure occurs or is likely to occur in the Defendant’s electric installations, the Defendant shall not be held liable for damages suffered by the customer for any of the following reasons:

3. Where the supply of electricity is suspended or restricted pursuant to Article 47 due to a cause not directly responsible to the defendant.

4. The phrase "consumers who are feared to incur economic loss" in Article 39 (2) of the Terms and Conditions for the Enforcement of the Rules on the Terms and Conditions of Electricity Supply in the event of leakage and other accidents due to reasons not attributable to the defendant.

On March 8, 2006, the Plaintiff entered into a contract for the supply of electricity (hereinafter “instant supply contract”) between the Defendant and Seo-gu in relation to the place of electricity use, for each type of contract, and for each type of contract, three kmw (5 km from March 11, 2010), and for each use, for agricultural use (hereinafter “instant supply contract”).

At the time of the instant electricity supply contract, the Plaintiff shall observe the terms and conditions of electricity supply of the Defendant.

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