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(영문) 광주지방법원순천지원 2016.01.15 2015가단73627

매매대금

Text

1. The Defendant shall pay to the Plaintiff KRW 81,610,910 and the interest rate of KRW 15% per annum from October 14, 2015 to the date of full payment.

Reasons

1. The Plaintiff entered into a contract on the supply of electricity with C Co., Ltd. located B (hereinafter “C”) at the time of leisure and supplied electricity to C.

B. The Plaintiff failed to pay the electricity charges of C, and the Plaintiff attempted to suspend the supply of electricity on this ground, but on January 17, 2014, the Defendant, the representative of C, prepared a special agreement on the joint payment of the electricity charges, the prepayment of the deposit, etc. (hereinafter “the instant special agreement”) and continued to supply the electricity to C.

The provisions pertaining to the instant special agreement in this case are as follows.

1. Current status C: Electricity rate of 68,631,730 won (from July 2013 to January 2014): 11,132,600 won (from August 2013 to December 2013);

2. Special terms and conditions on the payment of electric charges - The payment plan of D Electric Utility Charges, Co., Ltd. on February 28, 2014, KRW 5 million on January 17, 2014, KRW 5 million on January 23, 2014, KRW 5 million on February 5, 2014, KRW 10 million on February 13, 2014, KRW 10 million on February 20, 2014, KRW 10 million on February 20, 2014, KRW 5 million on February 28, 2014: < Amended by Act No. 11614, Jan. 20, 2013; Act No. 1696, Jan. 20, 2013; Act No. 1307, Feb. 28, 2014>

4. Matters concerning the special agreement on suspension of electricity supply;

(a)As of the commitments in paragraphs (2) and (3) above, agree before the due date following the date of the default of electricity charges and deposits;

(b) consent from the next day after the date of payment in the next three months of arrears;

(c)be responsible for and pay the electricity charges even after the suspension of the supply of electricity;

(e)undertake all cooperation in the suspension of the supply of electricity and consent to legal action in respect of the recovery of the electricity rates of Korea;

C. The Defendant paid a total of KRW 27 million from July 2013 to September 2013, and October 2013, among unpaid electric utility charges, but failed to pay the electric utility charges, as prescribed by the instant special agreement, and the Plaintiff terminated the power supply contract with C on June 25, 2014 and suspended the power supply.

C.