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(영문) 대전지방법원천안지원 2019.01.25 2018가합100772
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 246,457,840 and the interest rate of KRW 15% per annum from February 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is a person who was employed and worked for the Plaintiff around October 1978 and retired from office around September 2017.

B. In around 2011, the Defendant obtained a construction permit on the parcel outside Asan City as “public notice source” and completed the registration of preservation of ownership in the future of the Defendant by constructing two types of two neighborhood living facilities of the 4 foot 2nd floor (one building of each “C” and one building of “E” located in each “C” and “D”; hereinafter each “B building” and the combination of “D buildings”, and completed the registration of preservation of ownership.

C. On August 201 and October 2011, the Defendant filed an application for electrical construction of each of the instant buildings through an electrical construction company for electrical construction as “general use”.

Accordingly, the Defendant entered into a contract on the supply of electricity with the Plaintiff (AJ) (hereinafter “instant electricity supply contract”) and was supplied with electricity to the instant building from the Plaintiff, which applied the type of contract to the general public.

On September 26, 2017, the Plaintiff conducted a comprehensive audit against its employees, and around September 26, 2017, the Plaintiff notified the Defendant that the instant building was a multi-household, not a notified official, and that the Defendant applied for electricity charges for a lower general use but paid only the electricity charges accordingly. During the foregoing process, the Plaintiff claimed that the Plaintiff pay KRW 246,457,840 in total, including the electricity charges and additional charges evaded between September 2012 and August 2017.

E. The details of the Plaintiff’s basic terms and conditions of supply and the basic terms and conditions of supply are as follows.

Article 8 (Application for Use of Electricity) (1) If a customer intends to use new electricity or to change the use of electricity, he/she shall accept this terms and conditions in advance.

(2) An application for electric use shall be made in the name of consumers of electricity by stating necessary matters.

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