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(영문) 서울중앙지방법원 2015.10.16 2014가단5094510

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 17,715,897 and shall pay the full payment from July 4, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On January 31, 2011, the Plaintiff entered into an urban gas supply contract with the Defendant and received urban gas from the Defendant, under the name of “D bath” (hereinafter “instant bath bath”).

The gas usage fee claimed by the Defendant is calculated based on the quantity of gas used which can be seen as the measured value of the gas measuring instrument. Since the gas measuring instrument indicates the leakage of the gas used, the gas used for each month is measured by the method of deducting the measured value as of the last day of the previous month from the measured value as of the last day of the relevant month, and the monthly gas use fee is claimed as the notice of the following month.

The plaintiff has paid all the relevant fees for each notice (the preceding month) by June 2013 within the payment period.

The Defendant calculated KRW 4,076,150 as usage fees for June 2013 (payment date: July 25, 2013); KRW 31,186,950 as usage fees for July 2013 (payment date: August 26, 2013; August 2013); and KRW 36,360 as usage fees for August 2013 (payment date: September 25, 2013; September 2013; and the Plaintiff did not pay the unpaid usage fees for the said three-month period (hereinafter “instant period”).

The Defendant, via the notice in October 2013, claimed to the Plaintiff KRW 3,736,480 as user fee for September 2013; KRW 6,174,935 as user fee for October 2013; KRW 7,752,373 as user fee for December 2013; and KRW 9,661,670 as user fee for December 2013 through the notice in December 2013; and the Plaintiff each corresponding amount as corresponding to the user fee for each corresponding month (the month before sending the notice) by the due date specified in the notice.