구상금
1. The part against the defendant in the judgment of the court of first instance shall be revoked.
2. The plaintiff's claim corresponding to the above revocation part.
1. Basic facts
A. On December 12, 2014, the Plaintiff purchased the building of the instant factory and its ground (hereinafter referred to as “instant factory”) from Non-Party K&P Co., Ltd. (hereinafter “Non-Party Co., Ltd”). On December 2, 2014, the Plaintiff purchased the building of the instant factory and the instant factory on ting-ri 688-18 and 8 parcels and its ground, located in the Cheongsung-si.
B. On January 26, 2010, the Defendant: (a) leased the North Korean temporary building, part of the instant factory, at KRW 20,000,000, monthly rent of KRW 1,000; and (b) at the time, the Defendant and the Nonparty Company agreed to pay the electricity fee for the Defendant’s work to the non-party company (Article 3(3) of the Lease Agreement).
C. On November 7, 2006, the Korea Electric Power Corporation received an application for electricity from the non-party company and supplied electricity to the instant factory, and thereafter, when the non-party company failed to use the instant factory from June 2014 to the Korea Electric Power Corporation, the Defendant, who used the instant factory solely from July 2014 to February 4, 2015, paid the electricity charges of KRW 83,165,650 in total for the instant factory to the Korea Electric Power Corporation under the name of the Defendant.
Meanwhile, from December 29, 2014 to February 16, 2015, the amount of 23,894,400 electricity charges was unpaid for the instant factory. On May 5, 2015, the Plaintiff paid the amount of 23,894,400 electricity charges to the Korea Electric Power Corporation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10, Eul evidence Nos. 2, 5, and 6, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is from December 29, 2014 to February 16, 2015, the Defendant is obligated to use electricity in the instant plant to pay KRW 23,894,40 to the Korea Electric Power Corporation. Since the Plaintiff paid the said electricity fee on behalf of the Defendant, the Defendant is obligated to pay the Plaintiff the said KRW 23,894,40 as the indemnity amount or return it as unjust enrichment.
B. The judgment of the defendant is in this case.