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(영문) 수원지방법원 2018.02.08 2017가단520754

사용료

Text

1. The Defendant’s KRW 35,817,040 as well as the Plaintiff’s annual rate of KRW 6% from June 12, 2017 to February 8, 2018, and the following.

Reasons

1. Facts of recognition;

A. On March 16, 1995, the Defendant applied to the Plaintiff for the extension of electricity by designating the consumers of electricity as “YAC” under his own name. On March 22, 1995, the Plaintiff decided to supply electricity to the Defendant from April 10, 1995, and entered into an electric use contract between the Plaintiff and the Defendant on March 22, 1995.

(hereinafter “instant electricity supply contract”). B.

On July 20, 1995, the defendant converted a personal business entity C, which he had been operating as the representative, into a stock company, and established D (hereinafter referred to as “foreign company”) and operated the non-party company as the representative director.

C. On July 21, 1999, the Defendant filed an application with the Plaintiff for extension and extension of the electricity supply contract of this case with the electricity users as “non-party B of Yongsan City,” and partly amended the terms of the instant electricity supply contract.

(hereinafter referred to as the “instant modified electricity supply contract”). D.

In accordance with the instant electricity supply contract and the amended electricity supply contract, the Plaintiff supplied electricity to the C Company or Non-Party Company B from April 10, 1995 to April 2017.

E. On December 19, 195, the Defendant applied for automatic transfer of usage fees under the instant electricity supply contract and the amended electricity supply contract from its new bank account, but at the latest, the Nonparty Company paid the usage fees after September 4, 2015, and the Plaintiff issued the tax invoice under the name of the Nonparty Company after January 2015.

F. The present unpaid amount is KRW 35,817,040 among the fees under the instant electricity supply contract and the amended electricity supply contract.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1-14, Eul evidence Nos. 1, 2, 5-9, the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff asserts that (i) the Defendant is the party to the instant electricity supply contract and the amended electricity supply contract.

Dor. On this basis, the Defendant is the instant electricity supply contract and the Defendant.