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(영문) 청주지방법원 2015.06.25 2014나6108

전기료대납금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 14,906,560 as well as its related costs from October 1, 2014.

Reasons

1. The Defendant, on March 1, 201, concluded a lease agreement on the instant real estate with Hank Co., Ltd., the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) on March 1, 201, and refused to deliver the instant real estate by asserting that the Plaintiff, who purchased the instant real estate, was required to transfer the right of retention for the claim for construction cost as the secured claim even though he/she had been required to transfer the instant real estate from the Plaintiff who purchased the instant real estate through a voluntary auction procedure around March 10, 2014, and was on June 5, 2014, he/she operated a factory from the instant real estate to June 30, 2014, from around January 1, 2014 to March 14, 2014, from around August 8, 2014, from around 14, 2014 to March 14, 2014; the Plaintiff had been operating the factory from the date of the instant real estate.

7.7. The fact that it was paid on behalf of the Korea Electric Power Corporation does not conflict between the parties, or that it was recognized on the basis of Gap evidence 1 to 6, Gap evidence 8 through 10, Gap evidence 13 and 15, Eul evidence 1 (including those with a serial number; hereinafter the same shall apply) and the video as a whole by taking into account the order of submission of taxation information and the whole purport of the pleadings.

According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 1, 2014 to the date of complete payment, as the Plaintiff seeks. The Defendant is obligated to pay to the Plaintiff delay damages at the rate of 14,906,560 won per annum, which is the day following the delivery of the copy of the claim and the application for change of the cause of the claim, which is September 25, 2014, as the day of serving the copy of the application for change of the claim.

2. The defendant's argument regarding the defendant's assertion: ① The defendant is a corporation with all electricity charges incurred in the instant real estate at the time of conclusion of the above lease agreement.