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(영문) 창원지방법원마산지원 2014.04.16 2013가단6899

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 16,90,758 and the interest rate of KRW 20% per annum from May 16, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-corporate group consisting of merchants operating in the shopping district located in Changwon-si, Changwon-si C, which imposes and collects management fees, including the official electricity charges provided by the Korean electricity from its members every month.

B. Since 1999, the Defendant has operated a user on the second floor of the above commercial building.

C. Around August 25, 2004, the Defendant: (a) ordered an installation of items air conditioning and heating apparatus to install an electric conditioning and heating apparatus at the Busan Franchiscoon in the upper end; (b) arbitrarily connect four electric wires to the electric breaker in the second floor electric power distribution board used in the commercial building; (c) connect the four electric wires to its own source via the ceiling without connecting them with the electric breaker; and (d) use the air conditioning and heating apparatus and electric heat equipment within the above utilization source; and (e) did not connect four electric wires arbitrarily connected to the electric breaker with the electric breaker so that the electric breaker is not measured during the electric breaker, as shown in the attached Table of Crimes (Modification) from January 2006 to December 12, 2012, the Defendant without permission for use of electricity equivalent to the total of KRW 16,90,758 of the electric charges, as stated in the attached Table of Offenses (Adjustment).

On February 4, 2014, the Defendant was sentenced to a fine of KRW 3 million by this Court Decision 2013Da424 on the same thief crime as described in the foregoing sub-paragraph (c), and the Defendant appealed and is still pending in the appellate trial.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 8 (including virtual number), Eul 1, the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination as to the cause of the claim, it is recognized that the Defendant committed a tort that steals electricity equivalent to the sum of the electricity rates of KRW 16,900,758 from January 2006 to December 2012, which was supplied to the Plaintiff from Korean power to the Plaintiff. Thus, the Defendant suffered damage from the said tort to the Plaintiff.