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(영문) 서울중앙지방법원 2015.08.26 2014나33276
부당이득금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Facts of recognition

On February 5, 2003, the Plaintiff entered into a power supply contract with the Defendant with a contract-based electric power supply contract-based 500kW, the core electric power per contract type A, the heating, supply method, and voltage exchange-based 3,44,905, and operated the “C” in Yangyang-gun B (hereinafter “instant telecom”). From April 9, 2003, the Plaintiff supplied electricity from the Defendant and operated the “C” (hereinafter “instant telecom”).

The alternative terms and conditions of supply prepared by the Defendant stipulate the core power input time from 23:0 to 09:00, and the Defendant adjusted the core power input time from January 13, 2005 to 22:00, and 24:00 to 08:00.

On July 27, 2009, the two branches of the defendant were verified and checked by the late 20.30 through 10: 6: 11:30, 15:30 through 23:30, 206, and 11:30 through 13:30, 15:30, 207: 20: from 20:0 to 30:30, 207: 30: 30, 207: 20: 11:30, 206 to 20: 30: 30: 30, 207: 20: 30: 30: 11: 30, 15: 21: 30, 230 through 21: 30, 230, 203: 4: 16: 30, 206.

According to Article 44 of the General Terms and Conditions of Electricity Supply applicable to the instant electricity supply contract, Article 18 of the selective terms and conditions of supply, and Article 29(1)4 of the Framework Rules of the Terms and Conditions of Supply, in cases where the core power customer intentionally manipulates the location of charged power during hours other than the late night hours and uses electricity, the Defendant is charges that are reasonably calculated in accordance with the terms and conditions of the contract and the amount of used electricity during the late night hours.

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