The Supreme Court ruled that Samsung Electronics, which used electricity without permission by setting up a track, should compensate the Korea Electric Power Corp. (KEPCO) for its breach of trust.
The Supreme Court said on Dec. 13 that the ruling was made in a lawsuit filed by KEPCO against Samsung Electronics. However, it sent the case back to the Seoul High Court to reassess the original ruling that the plaintiff won the lawsuit, saying that it was wrong to calculate the penalty.
KEPCO has filed a lawsuit against Samsung that used electricity on its own discretion by setting up a track linking Hwaseong Plant 1 and Plant 2, claiming that it violated electricity supply terms and conditions, and that it should compensate about 17.6 billion won in penalty fees since October 2008.
On the matter, Samsung Electronics responded by saying, "The rights are not used illegally because it is designed to distribute internal power."
The lower court ruled in favor of KEPCO at the first trial. The electricity obtained by installing the linked line is a reserve electricity, and the company had to sign a contract with KEPCO before using it properly. Accordingly, it is a violation of the electricity supply agreement, it judged. However, only 11.7 billion won was admitted as a penalty.
The second trial also accepted the KEPCO's petition and decided that the penalty was 13.2 billion won.
