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(영문) 의정부지방법원 2016.06.17 2015가단119482
손실전력량요금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,764,625 and the interest rate of KRW 15% per annum from October 16, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of developing electric resources, and is an operator of the electric utility business who runs the electric transmission business, the electric distribution business, and the electric sales business. The Defendant is a juristic person that controls and manages the hydroelectric power plants, which are installed in installments from the Plaintiff on April 2, 2001 and are located in Chuncheon, Cheongcheon, Maumcheon, and Cheongyeong

B. Before the Defendant’s divided establishment, the Plaintiff managed the Cheongpong Power Plants (hereinafter “instant power plant”). However, after the divided establishment, the Defendant paid the electric charges imposed by the Defendant while managing the instant power plant.

C. Of the Plaintiff’s rules on the implementation of the terms and conditions of the electricity supply and the terms and conditions of the electricity supply (hereinafter “terms and conditions”) or the rules, matters relating to the instant case are as follows.

Article 27 (Supply and Demand Points) (1) The point at which the electric power is supplied to customers (hereinafter referred to as “demanding point”) shall be the connection point with the electric lines or wire lines and the electric installations of customers.

Article 59 (Industrial Electricity) (2) Industrial Electricity shall be classified as follows:

1. Industrial power;

(a) Low voltage power: Customer of 110V20V20V380V;

(b) High voltage power (A): Customers from 3,300 V to 66,000 V of standard voltage;

(c) High voltage power (B): Customer terms and conditions of contract of not less than 154,00 V (The measurement of the quantity of electricity used, the amount of invalid power and the maximum demand power) Article 71 (2) of the terms and conditions of contract shall, in principle, be measured by the voltage such as the supply voltage, but where the supply voltage and the measurement voltage differ, the loss rate for measuring the amount of used power, such as the voltage of the supply voltage, shall be increased or decreased.

Article 52 (Measurement of Use Electricity, Invalidity Electricity and Maximum Expropriation Electricity) (2) The voltage of the measurement point is in principle consistent with the voltage of supply, which is the voltage at the point of supply and demand.

However, due to unavoidable circumstances, the loss margin and when measured by a point other than the supply and demand point or by a voltage lower than the supply voltage.

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