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(영문) 춘천지방법원 2018.07.25 2017나50277
전기위약금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 37,915,043 as well as to the plaintiff on August 2015.

Reasons

1. Under the main sentence of Article 420 of the Civil Procedure Act, the relevant part of the grounds of the judgment of the first instance shall be cited as to the basic facts and the parties’ assertion.

2. Determination

(a) Article 44 (Penalties) of the relevant Terms and Conditions and the Enforcement Rule (Penalties) ① If a customer uses electricity in violation of this Clause and the charges are not calculated properly, he/she shall be paid a penalty up to three times the amount that is not reasonably calculated.

However, if the charge is not calculated properly by using electricity in violation of this provision within one year from the date of the imposition of the immediately preceding penalty, it shall be paid a penalty up to five times the penalty.

(2) The amount which is not calculated properly under paragraph (1) shall not mean 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 65 (Application of Types of Contracts in Cases of Two or more Types of Contracts) If two or more kinds of contracts can be applied to the place of electric use, I conclude an electric utility contract separately for each facility in accordance with [unit of Electric Use Contract] of Article 18-2.

However, in case of entering into one electric use contract for all, "C" as set out in the following table shall apply to the category of one contract:

General-use power of each type of contract, other than general-use electric power, for each type of contract (a) (b) general-use electric power: Provided, That the following cases shall be as follows:

1. In cases where two or more kinds of contracts, excluding the power for housing, can be applied, "the above table" or "B", if the capacity of the used facilities or variable equipment corresponding to the type of contracts is at least 90% of the total capacity of the used facilities or transformer equipment capacity, and if the consumers of electricity are at least one day, the entire capacity may be applied to each type of one contract;

Article 67 (Calculation of Fees) (1) Fees shall be the aggregate of the following basic charges and electric power rates:

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