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(영문) 서울중앙지방법원 2018.06.28 2017가합511148
정산금 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) A supplier of new and renewable energy, such as solar energy and wind power, shall be a certificate (REC) certifying the fact of supply from the Korea Energy Corporation's New and Renewable Energy Center (No legal supply certification institution);

[] Where a supply certificate is issued and the transaction of such supply certificate is intended, the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter “New and Renewable Energy Act”).

(1) According to Article 12-9(2) of the Regulations on the Issuance of Supply Certificates and the Operation of the Trading Market established by a supply certification institution (Article 12-7 of the New and Renewable Energy Act). A person liable to supply new and renewable energy, who is obligated to supply more than a certain amount of power generation as new and renewable energy, may purchase a new and renewable energy supply certificate and appropriate it for the amount of mandatory supply (Article 12-5 of the New and Renewable Energy Act). (b) According to Articles 12-7 and 12-9 of the New and Renewable Energy Act, and the Regulations on the Issuance of Supply Certificates and Operation of the Trading Market (Public Notice at the New and Renewable Energy Center) enacted in accordance with guidelines for the management and operation of the new and renewable energy supply mandatory system publicly notified by the Minister of Trade, Industry and Energy, a large generation company, who is a person responsible for new and renewable energy supply, shall request the Korea Energy Corporation and Renewable Energy Center to select the amount to be purchased twice a new and renewable energy supply unit.

C. Attached Form “Claim by Plaintiff”.

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