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(영문) 대전지방법원 2021.03.18 2020가단108667
사용료
Text

1. The defendant shall pay 47,161,370 won to the plaintiff and 12% per annum from February 22, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. A. Around December 21, 2006, the Plaintiff entered into an electric use agreement with the Defendant and the Special Self-Governing City C (hereinafter “the place of electric use of this case”), the industrial sector(Ⅱ), and the contract type A(Ⅱ high voltage A), and the contract power of 250kW, and supplied the electricity to the Defendant from that time.

B. On September 16, 2010, the Plaintiff entered into an electricity use agreement with D Co., Ltd. and the place of electricity use in this case, industrial (Ⅱ) for each type of contract, and 250k high voltage A and contract power, and supplied electricity to D Co., Ltd. from that time.

The contract party to the above electricity use contract was changed to E Co., Ltd. on November 26, 2010, and on September 1, 2011, the contract was changed to E Co., Ltd. (the above contract for electricity use on December 21, 2006 is for supplying electricity to E Co., Ltd. on the ground of the place of the electricity use in this case and to E Co., Ltd., and the contract for electricity use on September 16, 2010 is for supplying electricity to E Co., Ltd., the above contract for electricity use with a view to supplying electricity to E Co., Ltd., the above site of the electricity use in

Each of the above contracts for electrical use (hereinafter referred to as "each of the contracts for electrical use of this case").

The main contents of the terms and conditions of the instant electrical use contract and the detailed rules on the implementation of the said terms and conditions (hereinafter “instant terms and conditions, etc.”) are as follows.

[Basic Terms and Conditions of Supply] Article 8 (Application for Electric Use) (1) If a customer intends to apply for or modify the use of electricity, he/she shall accept this terms and conditions in advance.

Article 18 (Place of Electricity Use) (1) In principle, the term "electric use place" means a place where land, buildings, etc. are divided by owner or user to supply electricity, and one building shall constitute one premises for establishing one premises, and one building shall constitute one building as one electric use place.

(2) Where two or more buildings form one premises and the owners of each building differ, the building divided by owners may be the place of electric use.

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