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(영문) 대전지방법원천안지원 2019.01.10 2018가단111690
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,243,540 and the interest rate of KRW 15% per annum from September 5, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On May 16, 2008, the Plaintiff entered into an electricity supply contract with the Defendant (hereinafter “instant electricity supply contract”) and supplied electricity to the Defendant’s workplace.

Article 18-2 (Unit of Electric Use Contract) Only one electric service contract shall be concluded at the place of electric use.

However, if there are two or more contracts at one electric use site or if there are two or more contracts at one electric use site, or if they are classified into two or more units of electric use contract in accordance with the detailed rules at one electric use site, they may enter into two or more electric use contracts.

Article 44 (Penalty) (1) If a customer uses electricity in contravention of this terms and conditions and the charges have not been calculated properly, he shall be paid a penalty up to three times the amount which has not been calculated properly.

However, if the charge is not calculated properly by using electricity in violation of this provision within one year from the date of the imposition of the immediately preceding penalty, it shall be paid a penalty up to five times the penalty.

(2) The amount which is not calculated properly under paragraph (2) shall not mean the difference between the amount calculated according to the terms and conditions of supply prescribed in this Agreement and the amount calculated according to an unreasonable method of use.

Article 55 (Classification of Contract Types) Types of contracts shall be classified into house electric power, general-use electric power, education electric power, industrial-use electric power, agricultural-use electric power, street lamps, spare electric power, and temporary electric power according to the use of electric units of electric utility contract.

Article 59 (Industrial Electricity) (1) Industrial Electricity shall apply to customers prescribed in attached Table 2 (Standard Table to which the Industrial Electricity is Applicable).

(2) Industrial power shall be classified as follows:

1. It shall be applied to customers with contract power of not less than 4 kmW and less than 300 km that use electricity in mining, manufacturing and other businesses, and, according to supply voltage, it shall be classified as follows:

100V220V380V customers of low voltage power

(b) from 3,300 V to 66,00 V of the standard voltage of high voltage (A).

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