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(영문) 서울중앙지방법원 2013.12.11 2012가합520802
위약금
Text

1. The Defendant’s KRW 11,762,409,883 as well as KRW 7,893,709,066 as to the Plaintiff’s KRW 11,762,409,883 as well as KRW 3,868,70,817 as to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant’s chemical electricity-use contract between the Plaintiff and the Defendant was concluded with the Plaintiff from around 2000 to receive electricity from a new source transformation station. The Defendant’s chemical electricity-use contract between the Plaintiff and the Defendant was currently entered into on March 13, 2008 (hereinafter “instant First Agreement”).

Pursuant to the foregoing, the Defendant’s chemical 2 B) concluded an electric power use agreement with the Plaintiff from around 2005 to newly install a power station with a common power and a spare power from the new power station, and the Plaintiff was supplied with a spare power from the new power station. As of December 18, 2008, the Plaintiff entered into an electric power use agreement with a view to being additionally supplied with a spare power from the previous power station by adding to the electric power and a spare power supplied from the existing power station with a spare power after the extension of the new power station. From May 31, 2010, the Plaintiff’s credit extension of the previous power and the spare power were added to the above used power and the spare power, and was supplied with the power by concluding an electric power use agreement with a credit transformation station to provide an additional spare power.

After that, on September 30, 201, the Defendant’s chemical two factories concluded an electricity use contract with the Plaintiff on May 31, 201, under which only the contracted power capacity from 320W to 800W and the remainder is identical terms and conditions (hereinafter “instant second contract”) and are provided with commercial power and spare power from each transformation station.

B The electric power system supplied by the Defendant 3 to the Plaintiff is as follows.

A A

B. Around October 2008, the Defendant installed a line between the Defendant’s chemical 1 and 2 factories with which chemical 1 factories can supply the emergency power to the chemical 1 factories (hereinafter “instant line”) in preparation for the case where the chemical 1 factories were unable to be supplied with electricity from the transformation station of the New Sources (hereinafter “instant line”).

In this case.

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