(영문) 부산지방법원서부지원 2019.08.30 2018가단9812

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(영문) 부산지방법원서부지원 2019.08.30 2018가단9812

채무부존재확인

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1. The Plaintiff’s obligation to settle the amount of KRW 2,924,267 out of the electric utility charges on August 2018 to the Defendant does not exist.

Reasons

1. Basic facts

A. On May 27, 2011, the Defendant entered into an electric use contract (hereinafter “the instant electric use contract”) with C&C Council (the name was changed later to D, and the following is referred to as “the Overseas Corporation Council”), B, and the Non-Party Corporation Council as “representative customer”, and B as “joint-use customer” and agreed that matters not specified in the contract should comply with the terms and conditions of the electricity supply and detailed enforcement of the Defendant.

2. The amount of the used power of a representative customer of the used power volume shall be calculated by subtracting the amount of the used power on the electric meter of the customer on the market from the amount of the used power on the comprehensive measuring instrument.

3. The contract power of a representative customer of contract power shall be determined by deducting the contract power of joint-use customers from the total contract power.

However, it shall not be deducted if a customer sharing is a core power (A).

7. No representative customer shall impose sanctions on, or refuse to supply, electricity on, a customer subject to joint use who agrees to joint use of hydrostatic voltages without the consent of the customer, and the customer shall again obtain the consent of the representative customer on the details of the change in the terms and conditions of the contract, such as contract power, etc.

8. He shall notify the details of the modification before changing the representative customer and the joint-use customer, and shall conclude the electric utility contract with Korea; and

The terms and conditions for the joint supply of variable equipment attached to the above electricity use contract are as follows:

Article 12 (Change of Contracter for Electricity Use) (1) Where a contractor for electricity use is changed due to sale, etc., a new customer and the previous customer shall be notified within 14 days from the date of the change.

At this time, I shall, in principle, give written notice of amendment to the contents of the contract.

(2) Where the name of a customer is changed due to inheritance, merger, etc., new customers shall be made.

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