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(영문) 수원지방법원 평택지원 2018.11.22 2018가단57382
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2, 2012, the Plaintiff, as a corporation manufacturing flat-si with its head office, concluded an electricity use agreement with the Defendant on June 2, 2012 with the terms of 3,100 kws and 22,905 of measurement voltages (hereinafter “instant electricity use agreement”) and received power from the Defendant.

B. On March 9, 2018, around 11:25, 2018, at the Defendant’s high-line transformation plant protection facilities, the breakdowns of Samsung C&E plant equipment were reduced, and the blocking was automatically opened at two customer lines, which supply electricity from the high-line substations to Samsung E&M plant.

As a result, the production facilities which were in operation in the plaintiff factory have ceased due to the rapid voltage of power generation, thereby causing damage to some facilities.

(hereinafter “instant accident”). D.

Meanwhile, the contents of Paragraph 6 of the Electric Use Contract (hereinafter “instant exemption provision”) are as follows, and Article 49 Subparag. 4 of the Defendant’s basic terms and conditions of supply apply mutatis mutandis thereto.

6. (Compensation for Damages and Cooperation of Customers due to Use of Electricity) If the supply of electricity is suspended or restricted due to reasons not directly responsible prior to the date of such suspension or restriction, the former shall not be liable for damages suffered by the customer, and even if the latter is directly responsible, the latter shall be liable for any damages incurred by the customer, and even if the latter is in progress, the latter shall be liable for the suspension or restriction of the supply not less than five minutes, up to

Therefore, in order to prevent damage caused by the suspension of the supply of electricity due to the unavoidable reasons of Korea, customers shall be careful to avoid damage by installing appropriate self-protection devices, such as emergency power generators, non-regular power supply equipment (UPS), string protective devices, power failure alarm devices, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Summary of parties' arguments;

A. The Plaintiff’s accident of this case is the Plaintiff.

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