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(영문) 부산지방법원 2018.02.22 2017나5935

전기료

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff entered into a contract to use the wire communications service with the Defendant, a telecommunications service provider, from January 7, 2012 to September 24, 2013. The Defendant sought payment of KRW 1,050,000, monthly electric utility fee calculated as KRW 50,000, since the Plaintiff provided the telecommunications service to the Plaintiff during the said period and used the Plaintiff’s electric power without permission.

The evidence submitted by the plaintiff alone is insufficient to recognize that the defendant used the plaintiff's power without permission during the period of providing communications services, and there is no other evidence to acknowledge it.

In addition, it is not sufficient to recognize that the defendant agreed to bear the electricity fee by only the descriptions of Gap evidence Nos. 2 and 3, and there is no other evidence to acknowledge it.

In addition, there is no ground to view that the defendant should bear the electricity fee due to the use of telecommunications services during the period of a contract for the use of telecommunications services.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.