The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the judgment of the court of first instance as set forth in the following paragraph (2). Thus, this is acceptable as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The fifth 7 lines “unfair” of the fifth 7 pages are considered to be “unfair”.

6.The following shall be added to the 6th line:

On the other hand, the power supply contract entered into between the Plaintiff and the Defendant is related to the current and future type of electricity supply business with an unspecified number of consumers in the supply zone, so the obligation to specify and deliver the terms and conditions pursuant to the proviso of Article 3(2)2 of the Act on the Regulation of Terms and Conditions shall be exempted. Article 6 subparag. 20 of the Act on the Regulation of Terms and Conditions provides that “The Defendant has claimed user fees calculated with agricultural power, not industrial power, and the Defendant has claimed user fees calculated accordingly.”

The “(2) Determination” portion from 3 lines to 10 lines are as follows:

In order to operate the electricity business, which is a public service business that supplies essential electricity to a large number of general consumers, and to protect the user’s interests, the Electric Utility Act prohibits the parties to the terms and conditions of the supply contract between the general electricity business operator and the general consumers individually by excluding the principle of freedom of contract, and requires strict procedures in terms of fair and reasonable determination of public utility charges. Such provision has the nature as a general terms and conditions of the supply contract applicable to all the supply contracts between the general electricity business operator and the general electricity business operator and the general consumers in the supply area (see, e.g., Supreme Court Decision 98Da5709, Apr. 12, 2002).