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(영문) 서울남부지방법원 2018.05.17 2017나61612

사용료

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 6, 2005, the Defendant, along with C, engaged in real estate rental business on the Seodaemun-gu Seoul, Seodaemun-gu, 4, 4, 4, and 3 (hereinafter “instant building”) and supplied urban gas from the Plaintiff.

B. Meanwhile, between the Defendant and C on December 1, 2005, the exchange contract for the instant building, etc. owned D and the building, etc. located in Seodaemun-gu Seoul, Seoul, owned by C was terminated on May 11, 2006, and the said exchange contract was terminated on several occasions between D and the Defendant, and C on August 31, 2014.

C. On January 23, 2013, the Defendant filed a report on the closure of real estate rental business operated by the instant building.

As of November 2014, the unpaid urban gas charges of the instant building are KRW 5,337,300.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2 and 9, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant used urban gas in the instant building while running the business on January 23, 2013. Since the Defendant requested the suspension of the supply of urban gas or the termination of the contract, etc., the Defendant is obligated to pay the Plaintiff the fees for urban gas use of KRW 5,337,300 and the delay damages therefrom until November 2014.

B. The Defendant, while carrying out a real estate rental business in the instant building, did not occupy the instant building by delivering the instant building to D on January 23, 2013 and around November 2014.

Therefore, the plaintiff cannot respond to the request.

3. First of all, it is not sufficient to recognize that the Defendant had entered into a special urban gas supply contract with the Defendant solely on the health account and the evidence submitted by the Plaintiff as to whether the Defendant is liable to pay the Plaintiff fees under the contract, and there is no other evidence to acknowledge

In addition, Article 20 of the Urban Gas Business Act is applied.