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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 5,767,738 as well as to November 2013.
Reasons
1. Determination as to the cause of claim
A. 1) The Defendant, an agricultural company, operated a camping site in the Jeonbuk-gun B, the Defendant, and the Defendant’s director, agreed on May 27, 2009, to be supplied with electricity from the Plaintiff as “agricultural use” and used it as “agricultural use.” 2) On August 16, 2011, the Defendant changed the contractor for electric use from C to the Defendant, and continued to use electricity under the said electric use contract.
3) The Plaintiff received anonymous information around July 2013, and around August 2013, when investigating whether the Defendant used electricity supplied for farming purposes for general use at the camping site operated by the Defendant, and prepared a written confirmation confirming that the Defendant used electricity in violation of the purpose of use by the Defendant’s representative director C at the time of the investigation into whether the Defendant used electricity. 4) The electricity charges evaded by the Defendant, from August 16, 201 to August 13, 2013, 2013, including the time when the Defendant changed the contractor to be discovered for the use of electricity for farming purposes, were found to have been used for the use of electricity for camping purposes, were 3,874,394 [3,874,394 won] (=62,152 won in total,120,421 won in total, x 120,421 won in total, from August 16, 2011 to August 13, 2013].
5) The terms and conditions of the Plaintiff’s terms and conditions of the electricity supply are as follows. If it is necessary to amend the electricity use contract during the period of the contract under Article 11 (Amendment to the Contract for Electricity Use), the contract may be amended after consultation with the customer. Article 44 (Penalty ① If the customer uses electricity in violation of this Clause and the charges are not calculated properly, the penalty shall be paid up to three times the amount which is not calculated properly.
(2) The amount which is not calculated properly under paragraph (1) shall not be the difference between the amount applied for under the terms and conditions of supply and the amount calculated under an unjustifiable method of use.