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(영문) 청주지방법원 2015.04.15 2014가단159827
위약금 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 30, 200, the Plaintiff concluded an electric use contract with the Defendant’s Cheongju branch office and the place of electric use as 224, Cheongju-si, Hodong-gu, and with respect to contract type and contract power, with “13,00 kw of high-tension power for industrial power” and “10,000 kw of reserve power for spare power.”

At the time of the contract terms and conditions, the contractual power shall be O.A. sealed with FN.”

According to Article 44 of the former Terms and Conditions of Supply and Article 29 of the Enforcement Rule, and Chapter V of the Plaintiff’s Guidelines for Handling Electricity, if the Defendant, an electricity user, arbitrarily removed the above seals and expands electric installations, he/she shall pay the penalty to the Plaintiff.

(C) On September 15, 2006, Feb. 26, 2008, and Oct. 15, 2012, an electric use contract was made between the Plaintiff and the Defendant, and the content of the contract did not contain any provision regarding “FN’s seal”.

However, on June 3, 2014, when concluding an electric utility contract, the contents of “salary” were re-written.

According to the contract dated March 30, 200, the phrase "it must own the facilities at the expense of the defendant" (the defendant) stated on the above immediately as to the FN's "inurn" in the contract dated March 30, 200, the phrase "it is necessary to own the facilities at the expense of the City/Do and the reserve power so that it can not be simultaneously put into the facilities."

(B) Article 12(2)5 of the Enforcement Rule of the Plaintiff’s former Terms and Conditions of Electricity supply provides that “If there are two variables, the contract power can be calculated on the basis of a large amount of capacity, but the contract power can be calculated on the basis of a small amount of capacity due to air conditioning equipment.”

(2) According to the Plaintiff’s work process guidelines, if there is no error after checking whether the use and capacity of the electric power use application are consistent with the site equipment, the Plaintiff shall seal the electric meters according to the voltage of the supply point.

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