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(영문) 대전지방법원천안지원 2017.07.07 2016가합103296
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 287,63,360 and the interest rate of KRW 15% per annum from May 12, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of developing power resources, and the Defendant is a company that manufactures and sells motor vehicles, construction, heavy equipment, and agricultural machinery parts.

B. 1) On September 14, 2004, the Plaintiff entered into a contract on the use of electricity (the Plaintiff’s trade name before the modification, Mando Co., Ltd., and hereinafter “Mando”)

B) A contract for electrical use with the following content was entered into between the two parties (hereinafter referred to as “instant contract for electrical use”).

- Supply Method: Exchange 3: 4 lines 22,90 V - Contract Type A: High voltage A- Contract Power: 13,000kW - Date of the beginning of supply and demand (pre scheduled): September 31, 2004 - Matters not specified in the contract shall be the Plaintiff’s basic terms and conditions of supply (hereinafter “instant terms and conditions”).

(2) On the same day, the Plaintiff entered into an agreement on the supply of and demand for electricity with respect to the joint use of rupture equipment with the Defendant on the same day.

(hereinafter referred to as the “instant joint supply and demand agreement” - The supply method: 3rd 4th 4th : 22,90 V - Industrial Power (A- Contract Power) for each type of contract: 13,000 kilograms - Representative customer: Daenan, 8,500kW - Joint customer: The matters not specified in the instant agreement - the Plaintiff, 4,500k - The terms and conditions of the instant contract, its detailed rules and guidelines for handling charges.

3) From around that time, the Defendant is an automobile parts manufacturing factory operated by the Defendant from the Plaintiff pursuant to the instant joint supply and demand agreement (hereinafter “instant factory”).

(C) The parties to the dispute between the Defendant and the trade union have supplied electricity to the Plaintiff by July 2016, and the Plaintiff paid the electricity fee for the power that the Plaintiff supplied to the instant plant. The party to the dispute between the Defendant and the trade union is deemed to be the party to the Korean Metal Trade Union Chungcheongnam branch Gap (hereinafter “this case’s Trade Union”).

the first strike in July 2016 shall be approved by the resolution.

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