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(영문) 춘천지방법원 강릉지원 2018.08.22 2017가단35874
부당이득금
Text

1. The Defendant’s KRW 25,420,537 as well as the Plaintiff’s KRW 5% per annum from November 7, 2017 to August 22, 2018.

Reasons

1. Facts of recognition;

A. On December 12, 2008, the Plaintiff entered into a contract with the Defendant to supply electricity to each of the Dongs of the instant pents (hereinafter “instant pents”) for each type of contract, and supplied electricity to the Defendant.

B. From the end of November 2013 to the end of April 2015, the Defendant: (a) extracted electric wires connected to the cdongdong and E unit in the instant pention; (b) extracted electric wires connected to the tri-party electric circuit blocking machine whose electric consumption is normally measured; and (c) used the amount of electricity managed by the Plaintiff without permission by linking them to the lower part of the tri-party electric circuit unit, which is normally measured; and (d) stolen such electric power without permission, and (e) received a summary order of KRW 3 million from the instant court as a fine of KRW 2016 high-class 4258, and the said summary order became final and conclusive due to such criminal facts.

C. As above, the Defendant used electric temperature (stove) and air conditioners at the above Cdong-dong and Edong-dong of the instant pent, and the volume of electric power used per day of each of the above facilities is 8 hours per day for electric temperature stones 307,200w, and air conditioners 114,060w, per day for air conditioners 6 hours per day.

The terms and conditions of the plaintiff's electrical supply and implementation rules are as follows.

[Attachment] Article 44 (Penalties) ① Where a customer uses electricity in violation of this standardized contract and the charges are not calculated reasonably, the defendant shall be paid a penalty up to three times the amount that is not calculated appropriately.

(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.

3. If it is impossible to confirm the period during which the charges are not calculated properly, the charges may be determined through consultation with the customer within six months.

[Rules on the Implementation of the Terms and Conditions of Electricity] Article 29 (Penalty) (1) of the Terms and Conditions of Contracts shall be justified.

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