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(영문) 춘천지방법원강릉지원 2016.11.02 2015가단22027
전기요금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s electric use contract 1) On April 24, 2006, the Defendant, on April 24, 2006, shall be the Gangwon-do Reduction Resources Headquarters 1147-10 located in the atmosphere of Gangseo-si, Chungcheongnam-si (hereinafter “instant facilities”).

A) The contract for electricity use with contract power 750kW and the agricultural product(s) for each type of contract was concluded with respect to the electricity to be used in the contract ( customer number 07-122-9693; hereinafter “instant 1 contract”).

(2) The Defendant concluded 11 electrical use contract with the Plaintiff for each type of housing (customer number 07-122-977 et al. 10, hereinafter “instant second contract”) with the Defendant 5kW of contract power.

Although the Defendant did not demand the sharing of the transformers, the Plaintiff supplied the Defendant with the electricity under the instant First Contract and the instant Second Contract using the same voltages.

B. At the time of the instant contract, Article 3(2) of the former Terms and Conditions of Supply provides that “the Plaintiff may amend this terms and conditions in accordance with the approval or order of the Minister of Commerce, Industry and Energy. In this case, charges and other terms and conditions of supply shall be at the risk of complying with the modified terms and conditions of supply.” The current terms and conditions of supply applicable to the former Terms and Conditions of Supply

) and its implementing rules (hereinafter referred to as “instant enforcement rules”).

The main contents of the above are as follows: (A) Three-minutes of agricultural-use power to Gap, Eul, and two-minutes of August 6, 2012; (b) agricultural-use power was deleted from the basic terms and conditions of supply; but the detailed classification of agricultural-use power is not the issue of this case.

(A) Article 4 (Detailed Rules) of the Framework Terms and Conditions of Supply shall be prescribed by the Enforcement Rule in accordance with the purpose of the terms and conditions, and matters not specified in the terms and conditions and detailed rules shall be determined by mutual agreement with customers.

Article 44 (Penalty) (1) In cases where a customer violates this standardized contract and thus the part or whole of the fee has not been properly calculated, the whole of the fee shall not be calculated properly.

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