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(영문) 서울중앙지방법원 2015.11.25 2014가단5197020
채무부존재확인
Text

1.(a)

The terms and conditions of electricity supply from June 2009 to May 2014 against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Plaintiff) are violated.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts (i) The Plaintiff registered his business as “Manufacture”, “type of lighting equipment”, and “C” in the name of “B” from August 11, 1997, and “C” and registered his business on June 28, 2002, and the rooftop was a “factory” for both 1 through 4 stories on the above address and completed the preservation registration by constructing a studs and mechanical building (hereinafter “instant building”) and then completing the preservation registration on July 11, 2002, with regard to the Defendant, an operator of the electric sales business, who is an operator of the electric sales business, using electricity for the above type of business as “industrial power” as “the type of electric power for each type of contract” under the Defendant’s supply terms and conditions of electricity, which classify the type of electric charges into housing, general-use electric power, education, industrial power, agricultural power, etc. according to the use of electricity.

Around February 6, 2012, the Plaintiff applied for a change and received electricity accordingly (hereinafter “instant supply contract”). Around February 6, 2012, the Plaintiff added a business registration certificate to “manufacturing” in addition to “manufacturing” and changed the category to add “electric equipment and electric appliances” as well as “manufacturing equipment and electric appliances.”

B. On June 20, 2014, the Defendant sent the “Guidance on Claim for Penalty due to the Violation of the terms and conditions of the electricity supply” to the Plaintiff, and used it for industrial purposes together with storage, office, exhibition sales facilities, and industrial purposes recognized as industrial application, and notified the Plaintiff of the payment of KRW 15,853,460 in total, by July 11, 2014 (hereinafter “instant notification”) as follows, pursuant to Article 44(1) of the terms and conditions of the electricity supply and Article 29(1)3 of the Enforcement Rule of the Terms and Conditions of the Terms and Conditions of the electricity supply and Article 29(1)3 of the Enforcement Rule of the Terms and Conditions of the Terms and Conditions of the electricity supply and the provision of the electricity contract and Article 29(1)3 of the Enforcement Rule of the Terms and Conditions of the Terms and Conditions of the electricity contract:

(The details of relevant regulations are as shown in the attached Form). The fact that there is no dispute over KRW 15,853,460 (based on recognition) of the amount of evaded tax, the amount of penalty collected from the Electric Power Fund of KRW 7,418,56, KRW 741,856, KRW 274,480, KRW 418,564, KRW 15,853, and KRW 460 (based on recognition).

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