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(영문) 춘천지방법원강릉지원 2016.11.02 2015가단21789
전기요금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant concluded an electric utility contract with the Plaintiff on January 20, 1995 (customer number 07-102-2918), April 6, 2010 (customer number 17-1334-9926), December 27, 2011 (customer number 17-140-2566), and December 29, 2011 (customer number 17-140-2548) with respect to the electricity to be used at Samyang Agricultural Technology Center.

(hereinafter “instant electric use contract”). (b)

The main contents of the terms and conditions applicable to each of the above electrical service contracts (hereinafter “instant terms and conditions”) are as follows:

Article 44 [Penalties] ① Where a customer uses electricity in violation of this standardized contract and the charges have not been calculated properly, he shall be paid a penalty up to three times the amount which has not been calculated properly.

(1) In principle, the difference between the re-calculated charges and the erroneously calculated charges shall be increased or decreased from the charges for the relevant month, and the due date for payment shall not be changed even when the charges are re-calculated.

[Reasons for Recognition: Facts without dispute, Gap 3, Gap 8, Gap 12, each entry in Gap 12, and the purport of the whole pleadings]

2. Assertion and determination

A. The plaintiff's assertion is selectively asserted as follows.

1) The charge to be paid by the Defendant under the instant contract is the charge for industrial power, which is calculated by mistake by the Plaintiff, and thus, the difference between the charge for industrial power re-calculated with the charge for industrial power pursuant to Article 76 of the instant terms and conditions and the charge for agricultural power, which is calculated by mistake pursuant to Article 76 of the instant terms and conditions. (Notwithstanding the statement of the court, the Plaintiff made clear that it is not a claim for penalty pursuant to Article 44 of the instant terms and conditions, but a claim for

(2) The Plaintiff, while entering into the instant contract, should have the type of contract classified as industrial power, is an erroneous agricultural power.

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