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(영문) 서울남부지방법원 2015.04.10 2015가단200160

매매대금

Text

1. The Defendant shall pay to the Plaintiff KRW 31,627,520 as well as 20% per annum from March 19, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 17, 2011, the Plaintiff entered into a contract for the supply of electricity to the Seoul Geumcheon-gu Seoul Building Co., Ltd. (hereinafter “B”) and supplied electricity to the above place from June 2, 201, but failed to receive the fees within the given period from January 2013.

B. On July 2, 2013, the Defendant prepared and delivered to the Plaintiff a letter that he/she would pay the electricity charge, at any time, to the person who actually used the said building, by November 26, 2013.

In addition, on December 30, 2013, the electricity charges, which were all paid until January 25, 2014, and the electricity charges that were generated after January 2014, will be paid without delay within the due date for the payment of the electricity charges. In the event of failure to pay the charges, the Plaintiff suspended the supply of electricity and issued a written statement to the Plaintiff that he would not raise any objection even if the legal measures to recover the overdue charges are taken.

C. The unpaid amount out of the electricity charges generated from January 2013 to June 2014 is KRW 63,627,520.

On August 26, 2014, the Plaintiff received a compulsory adjustment order (the Seoul Central District Court 2014Da5173697) stating that “The Plaintiff shall pay KRW 32,00,000 by November 12, 2014” (the same court 2014 money530439) by filing a lawsuit seeking payment of KRW 63,627,520 against B and D, etc., who is an electrical licensee, and the representative director of the said company.

The above decision is confirmed as it is, and accordingly, the plaintiff received 32,000,000 won out of the above electricity charges.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 to 13 evidence (including tentative number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant shall pay the Plaintiff the amount of KRW 31,627,520 (=63,627,520- 32,00,000), and the purport of the claim and the written application for change of the cause of the claim sought by the Plaintiff, and shall be served in full from March 19, 2015, after the date of service of the written application for change of the cause of the claim.