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(영문) 광주지방법원 2017.05.25 2014가합62888
위약금
Text

1. The Defendant’s KRW 235,812,829 as well as the Plaintiff’s KRW 6% per annum from September 1, 2014 to May 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Korea Electric Power Corporation Act to engage in the development and development of electric resources, the transmission, transformation, distribution, and related business.

The defendant is a person who manufactures and sells main liquor, special lecture, etc. in the name of "C" in the name of "C" at Jeonnam-gun B (hereinafter referred to as "place of business in this case").

B. On February 3, 2006, the Defendant entered into a contract with the Plaintiff for the supply of electricity necessary for the Defendant’s business (hereinafter “instant electricity supply contract”) with high-tension powerA, and contract power of 250 Kw (hereinafter “this case’s electricity supply contract”).

The Defendant, every one year, changed the contract power to 30 Kw on January 31, 2012, and continued to supply electricity from the Plaintiff to the instant workplace under the instant electricity supply contract.

C. On the other hand, the parts relating to the instant case among the Plaintiff’s terms and conditions of electricity supply and the enforcement rules thereof are as follows.

Article 44 (Penalties) (1) If a customer violates this terms and conditions and the whole or part of the fee is not reasonably calculated, the penalty shall be paid up to three times the amount that is not reasonably calculated.

(2) The amount which is not properly calculated under paragraph (1) shall be the difference between the amount calculated according to the supply terms and conditions prescribed in this standardized contract and the amount calculated according to the improper method of use.

Article 29 (Penalties) (1) of the Enforcement Rule of the Electric Terms and Conditions (Penalties) "The amount of which is not reasonably calculated" under Article 44 (1) of the Terms and Conditions shall be calculated as follows:

1. Where electrical facilities are remodeled, altered, damaged, or operated to unlawfully use electricity: the difference between the charges calculated by including the illegally used portions and the charges calculated without including the illegally used portions.

1. The period of application thereof, when calculating a penalty;

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