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(영문) 서울중앙지방법원 2020.01.21 2019나29180 (1)

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 2010, the Plaintiff entered into an electric use contract with Jongno-gu Seoul Metropolitan Government Section B (hereinafter “B”) on the first floor on the ground of the Jongno-gu Seoul Ground Building C (hereinafter “instant electric use contract”).

B. The unpaid electricity charges that B did not pay to the Plaintiff are KRW 7,271,260 (hereinafter “instant unpaid electricity charges”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 2-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is a joint and several surety of the liability to pay electricity charges under the contract on the use of electricity of this case, and the plaintiff is obligated to pay the unpaid electricity charges of this case to the plaintiff and its delay damages.

B. Since the name of the defendant, which is recognized as the defendant's completion by the written request for appraisal of appraiser D by the court of the first instance for judgment, is written, according to each of the joint and several guarantee certificates (as part of No. 1-2 of the evidence No. 1-2), Gap's evidence, and attempted customer personal history cards (as part of No. 1-2 of the evidence No. 1-2 of the evidence No.1-2), the defendant's joint and several liability for the payment of the electric charges of this case is recognized, the defendant is obligated to pay to the plaintiff the unpaid electric charges of this case 7,271,260 won and damages for delay calculated at the rate of 15% per annum as requested by the plaintiff from August 7, 2018 to the date of complete payment, which is the day following the original delivery date of the payment order of this case.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.