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(영문) 대전고등법원 2020.06.10 2019나16039
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

The plaintiff is a company established under the Korea Electric Power Corporation Act for the purposes of the development, development, transmission, transformation, distribution of electricity resources, and businesses related thereto. The defendant is an incorporated farming association that concludes a contract with the plaintiff for electric utility use and cultivates flowers at the greenhouse of its domicile and opens them to the public.

On February 8, 2010, the Defendant entered into a contract between the Plaintiff and the Plaintiff on February 8, 2010, an electric use contract (hereinafter “instant contract”) with the term “agricultural power (or agricultural power (B) and agricultural use power (B) integrated due to the amendment of the terms and conditions of electric supply).” The details of equipment: 3rd voltages 700km x 1,250km x 1,250km x 1, and the purpose of electric use: 950kW.”

On the other hand, the defendant concluded a number of electric utility contracts in addition to the contract of this case and received electricity, but this is irrelevant to the issues of this case.

Of the terms of the instant contract, the parts related to the instant case are as follows.

1. Matters not specified in the contract shall be governed by the terms and conditions of electricity supply and the detailed regulations of the former;

2. Where the terms and conditions of the electricity supply and the detailed rules of implementation of the former are amended, the altered terms and conditions of the electricity supply and the detailed rules of implementation shall apply thereto;

5. The customer shall use the agricultural power only for the facilities for flowers cultivation, and if he/she violates this, he/she shall bear the penalty specified in the same paragraph;

[Electric Terms and Conditions of Electricity Supply] Article 18-2 (Unit of Electricity Use Contract) The Plaintiff concludes one electric use contract at one place of electricity use.

Provided, That two or more contracts may be concluded where there are two or more contracts at one place of electricity use, or where one place of electricity use is classified into two or more units of electricity use contract in accordance with the detailed rules.

Article 44 (Penalty) (1) A customer violates this terms and conditions.

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