부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff is a lessee who installed communications facilities on the apartment rooftop in the 476 US-dong 476 US-dong 476 apartment management service company, and the Defendant is an apartment management service company that entered into a lease contract with the Plaintiff on the object of lease. The Plaintiff and the Defendant entered into each of the following contracts on the apartment rooftop 10 square meters on June 13, 201, 1200 of the Agreement on the Application of the Electric Utility Rates (applicable to the number-day rent (year), which is the date of the contract, (1.2 times the house low pressure), and the agreement was reached on June 19, 201, 201 to pay the actual expenses to the Plaintiff and the Defendant as the final settlement of the actual expenses at the time of the settlement of the actual expenses. The Plaintiff and the Defendant agreed on June 21, 2012 at the time of the settlement of the actual expenses.
3) The Plaintiff paid the electric utility charge to the Defendant from January 2015 upon the Defendant’s claim for the electric utility charge after the initial contract was concluded (Evidence A No. 5, however, the Defendant’s claim for the electric utility charge was excessively excessive claim against the Plaintiff for the electric power consumption that the Plaintiff actually used.
The defendant's claim for the electricity fee is unreasonable as follows.
First, regardless of the actual usage of the plaintiff, the average of 32.43% of the total amount of electricity charges for apartments was demanded to be excessive without any basis.
Second, the Defendant claimed the Plaintiff the electricity charge for the housing low voltage standard, even though it had paid the electricity charge for the low unit price to the Korea Electric Power Corporation when paying the electricity charge.
Third, even though the average unit price of the electricity charges paid by the Defendant from January 2014 to January 2015 was about KRW 109, the Plaintiff applied the unit price of KRW 879 to the Plaintiff even though the average unit price of the electricity charges was about KRW 109.
Fourth, according to the statement of the notification of management expenses for the evidence No. 7 submitted by the defendant, from January 2014 to January 2015.