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(영문) 대전지방법원홍성지원 2014.08.28 2014가합588
위약금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an incorporated farming association established by the two farmers holding a license for livestock excreta with the primary purpose of treating livestock excreta, and has installed joint facilities for livestock excreta, such as wastewater treatment plants, etc. (hereinafter “the instant excreta treatment facilities”) in 224-1, Yong-gun Hong-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and carried out livestock excreta treatment work for producers of livestock products (brewing farmers) as its members.

B. In order to operate the instant excreta treatment plant, the Defendant entered into a contract for the supply of agricultural-use power with the Plaintiff on July 13, 2007 (hereinafter “instant contract for the use of electricity”). From that time, the Defendant was supplied with agricultural-use power in the instant excreta treatment plant. The main contents of the terms and conditions of the electricity supply and the basic terms and conditions of supply, which form the contents of the said contract, are as follows.

Article 44 (Penalties) (1) If a customer uses electricity in violation of this terms and conditions and the charges are not calculated reasonably, he/she shall be paid a penalty up to three times the amount that is not calculated appropriately.

(2) The amount which is not calculated properly under paragraph (1) shall not mean the difference between the amount calculated according to the supply terms and conditions prescribed in this standardized contract and the amount calculated according to the improper method of use.

Article 60 (Agricultural-Use Electricity) (1) Farm-Use power shall be classified and applied as follows according to the use of electricity:

2. Customers with contract power of less than 1,000K falling under any of the following subparagraphs other than agricultural-use power (A).

(e)Article 29 (Penalties) of the Rules on Basic Terms and Conditions of Supply (Penalty) Article 44 (Penalty)(1) of the Terms and Conditions shall be calculated as follows: (ii) livestock excreta is at least 90% of the main facilities excluding sales and distribution facilities among the following facilities; and (iii) livestock excreta is directly operated by livestock products producers or livestock products producers' organizations:

3.The contract with the Korean Pharmacopoeia.

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