beta
(영문) 의정부지방법원 2020.01.16 2019나203669

사용료

Text

1. Of the judgment of the first instance, the Plaintiff (Counterclaim Defendant) who falls under the following part of the judgment ordering payment of the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 13, 2015, the Defendant leased the second underground floor of a building located in Ma-si C (hereinafter “instant store”) from Ma-si (hereinafter “instant store”) and operated a main office in D’s trade name from that time.

B. In the case of the above building, after using electricity, the method of jointly allocating electricity charges to the method of paying electricity charges according to the quantity of each store. Accordingly, the Defendant submitted an application for electricity use with respect to the instant store to the Plaintiff on September 22, 2016, and entered into an electricity use contract with the Plaintiff on September 27, 2016 (hereinafter “instant electricity use contract”).

C. The lease contract between the Defendant and B was terminated on February 2017.

In the case of the instant store, the electric use contract was terminated on February 6, 2018 due to the failure to pay electricity charges from September 2017, and the sum of the electricity use charges and late fees is KRW 626,980.

Article 8 [Application for Use of Electricity] (1) If a customer wishes to use new electricity or to change the use of electricity (hereinafter “application for use of electricity”), he shall in advance consent to this terms and conditions.

(3) If it is intended to apply for or modify the use of electricity in the name of an employer who is not the owner, I shall obtain consent from the owner and guarantee the electric charges in accordance with Article 79.

Article 12 [Replacement of Electrical Use Contractor] (1) In the event of a change in the contractor for electrical use due to sale, etc., the new customer and the previous customer shall be notified at least 14 days after the change occurs.

At this time, I shall, in principle, give written notice of amendment to the contents of the contract.

Article 13 [Termination of the Electric Use Contract at the request of a customer] (1) When a customer intends to terminate the electric use contract, he/she shall notify it at least one day before determining the desired date of termination, and in principle, the electric power contract shall be terminated on the desired date.