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(영문) 청주지방법원 2015.08.13 2014나12752

사용료

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. Determination as to the cause of claim

A. Regarding the Plaintiff’s claim against the Defendant seeking the payment of unpaid electricity charges against the Defendant, the Defendant asserted that ① the party concluding the electricity use contract with the Plaintiff at the place of expropriation, which is not the Defendant, but the Defendant Company H, and ② the Defendant was supplied with electricity at the above place with the Defendant, and that part of the electricity charges should be borne by the said Company, and thus, the Defendant cannot respond to the Plaintiff’s claim seeking the payment of unpaid electricity charges in full.

B. Determination 1) Therefore, as to whether the party to the instant electric use contract is the party, the following circumstances, namely, ① the Defendant (the original name was a “stock company C” but was changed to the “stock company D” on March 2009 and July 27, 201, respectively, were changed to the name as of July 27, 201, by taking into account the following circumstances: (a) evidence Nos. 2, evidence Nos. 3-2, evidence Nos. 3-2, evidence Nos. 7-1, 2, and 10, evidence No. 2, and evidence No. 2, evidence No. 1, 2, and 2, respectively

(2) On April 3, 2009, the Plaintiff entered into an electricity use contract with the Plaintiff on April 3, 2009, and the Defendant was supplied with electricity and used on December 1, 2010, the Plaintiff was supplied with electricity and paid the electricity fee to the Plaintiff as well as the Plaintiff was submitted a business registration certificate for reporting the value-added tax of the said electricity fee, and ② the Defendant’s representative director and the liquidator of H are both identical to I, and the Defendant’s actual operator is deemed to be the above I’s actual operator on May 3, 2013, in light of the fact that the Plaintiff and the Defendant were prepared and delivered the evidence No. 7-1 of the above evidence No. 1 of the above document (the Plaintiff).