전기사용료
1. The Defendant: (a) KRW 39,865,410 for the Plaintiff and its related KRW 5% per annum from November 16, 2011 to July 17, 2014; and (b) July 18, 2014 for the Plaintiff.
In full view of the purport of the arguments in the evidence Nos. 1, 8, 9-1 through 10-5, and evidence Nos. 5, the plaintiff and the defendant concluded a lease agreement with respect to the first floor among the building on April 7, 2007, Dongjak-gu Seoul, and the fourth and fourth lots of land owned by the plaintiff (hereinafter "the building of this case"). The defendant provided that the building of this case was occupied and used at the time of the lease agreement. After the lease agreement, the plaintiff and the defendant used the second, fourth, and fourth level of the building of this case. Accordingly, the defendant used the building of this case to D on October 15, 2009, the fact that the plaintiff subleted the third floor of the building of this case to D on April 15, 2007, and that the sum of the electricity charges of this case to October 4, 2010, the plaintiff paid the electricity charges of this case to D on April 6, 2007.
According to the above facts, the defendant is obligated to pay the electricity fee and damages for delay paid by the plaintiff, unless there are special circumstances to the plaintiff.
(1) In light of the purport of the entire pleadings, the court below held that the Defendant paid KRW 9,60,460 out of the above electricity charges to the Plaintiff, on the other hand, since the electricity charges to the third floor of the instant building were incurred by the Defendant’s sub-lease and there is no evidence to deem that the sub-lessee paid the electricity charges to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff 39,865,410 won (=49,465,870 won-9,600,460 won) and the amount calculated by applying each rate of 5% per annum as stipulated in the Civil Act from November 16, 2011 to July 17, 2014, which is the date of this judgment, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 18, 2014 to the date of full payment.
In this regard, the defendant agrees with the plaintiff that the basic charges out of the electricity charges will not be borne by the defendant.