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(영문) 의정부지방법원 2018.10.17 2018가단9005

전기요금 등 청구

Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 102,215,500 as well as the full payment from March 27, 2018.

Reasons

1. Basic facts

A. The Defendant had been supplied with electricity from the Plaintiff in his own name since 2006 while running a business with the trade name “D” from the ground buildings located in Gyeonggi-gun C (hereinafter “instant building”).

B. On February 24, 2014, the Defendant established “Co., Ltd. E” and requested the Plaintiff to change the name of the consumers of the instant building to “Co. E” on July 2016.

C. Accordingly, on July 14, 2016, the Plaintiff demanded joint and several sureties to the Defendant, the landowner where the instant building is located, and the Defendant entered into a joint and several sureties agreement with the Plaintiff to the effect that “the Defendant is liable for joint and several sureties liability from July 14, 2016 to July 13, 2018, within the scope of KRW 103,80,000 with respect to subordinate obligations, such as unpaid electricity charges and surcharges, against the Plaintiff, E.

(hereinafter “instant joint and several sureties Agreement”). D.

On February 27, 2017, the Defendant transferred the asset and management right of the Company E to F, and on March 2, 2017, the trade name of the Company E was changed to “Company B”.

E. B, from November 2017 to February 2018, 102,215,500 won was overdue for the period of three months from November 2017.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 6, 8 through 10, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant shall pay to the plaintiff 102,215,500 won under the joint and several guarantee agreement of this case and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 27, 2018 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case to the defendant.

B. The Defendant’s assertion 1 is not the Defendant’s writing filled out in blank at the time of the instant joint and several sureties agreement, but the Defendant transferred the assets and the management right of the Company E to F on February 27, 2017, and thereafter there is a trade name of the Company E around that time.