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(영문) 광주고등법원 2019.11.20 2018나25488
소비자권익침해행위중지 및 금지
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The status of the parties was registered with the Fair Trade Commission on November 22, 2007 in accordance with the Framework Act on Consumers, as a corporation whose purpose is to provide consumer counseling and information, to promote legislation or amendment of the Act for the Protection of Consumers, and to protect and promote the rights and interests of consumers.

The defendant is a corporation established for the purpose of the development, generation, transmission, transformation, distribution of electricity resources, and business related thereto under the Korea Electric Power Corporation Act, which is the only operator of the electric sales business licensed under the Electric Utility Act.

B. Under Article 16 of the Electric Utility Act, the Defendant, who supplies electricity, prepares terms and conditions of electricity rates and other supply terms (hereinafter “basic terms and conditions of supply”) and supplies electricity to the consumers of electricity on the basis thereof.

The basic terms and conditions of supply distinguish electricity from housing, general use, industrial use, education, agricultural use, street lamps, etc. according to the purpose of use. However, the basic terms and conditions of supply have adopted the progressive progressive system applying the unit price (price per unit) to a certain increase due to the increase in the quantity of use, while the fees for the electricity for other uses have not adopted the progressive system.

In 1973, the progressive progressive system for the power of housing has been implemented since 1974 to promote energy consumption saving and protect low-income groups with the petroleum wave in 1973, and the progressive and progressive rate has been changed over several times.

The basic terms and conditions of supply, which were in force as of October 14, 2016 when the instant lawsuit was brought, began from the usage of one section (100ccWh) after dividing the volume of electricity used for housing into six sections in the unit of 100ccWh with respect to the volume of electricity used for housing used, and determined the higher basic charges and the volume of electricity used for each section of which the volume of electricity used increases in 10kWh.

Table 1 month of the basic terms and conditions of supply.

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