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(영문) 서울중앙지방법원 2017.07.06 2016가단5056666

채무부존재확인

Text

1. From April 201 to October 2015, with respect to Jung-gu Seoul Metropolitan Government B (the fourth floor and the second floor above ground) C (the fourth floor above ground).

Reasons

1. Facts of recognition;

A. 1) D Housing Redevelopment Association (hereinafter “D Housing Association”)

) The Housing Redevelopment Association is established to promote housing development projects by making the land of Jung-gu Seoul Special Metropolitan City E as a rearrangement project zone. On September 2005, 2005, it is a C commercial building consisting of 1,534 apartment units and B with the said land on the 1,534-household apartment units and 4 underground floors and 659 stores on the 2nd floor size on the ground (hereinafter “instant commercial building”).

(2) On November 5, 2007, the D Housing Association, which had been a project operator, concluded a construction contract and obtained approval for the use of the instant commercial buildings and apartment buildings on April 29, 2008, entered into an electric use contract with the Defendant, who was a electricity supplier, on November 5, 2007, with respect to the instant commercial buildings (hereinafter “instant electric use contract”). From around that time, the Defendant supplied electricity in accordance with the instant electric use contract.

3) On April 15, 2008, the Plaintiff was a management company that has been managing the instant commercial building since the signing of the management contract with the D Housing Association. 4) On June 13, 2008, when the management company was selected, the D Housing Association submitted to the Defendant an application for the change of the user of the instant electric use contract from the D Housing Association to the Plaintiff along with the Plaintiff, and received the consent from the Defendant. Accordingly, the Plaintiff collected the electric charges imposed on the instant commercial building from the individual sectional owners and processed the business of collecting them from the Defendant.

B. On the other hand, in the instant commercial building, the violation of the type of electricity use contract and the Defendant’s penalty for breach of the contract on the use of electricity are being separately supplied with the “general electricity line subject to the general electricity rate scheme” and the “serious electricity line” subject to the lower core electricity rate scheme, and on the other hand, the instant commercial building.