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(영문) 의정부지방법원 2014.07.15 2013가단26777

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B located in Namyang-si, Namyang-si, is a commercial building with a neighborhood living facility from the first to the fourth floor, and an apartment building with a fifth to the 12th floor.

B. On August 1, 2008, Defendant B’s representative council (hereinafter “Defendant B’s representative council”) entered into a lease agreement with the Plaintiff with respect to approximately KRW 406 and KRW 100 of the above B commercial building (hereinafter “instant commercial building”) by delegation from the Plaintiff, who is the owner.

C. Around April 1, 2005, the Defendant representative meeting concluded a contract for electric use with the Korea Electric Power Corporation and the Korea Electric Power Corporation to be supplied with a total of 500 kws. On the apartment part, 300 kws for the apartment part, 150 kws for the apartment part, and 50 kws for the water supply and septic tank part. The Plaintiff used small electricity from August 1, 2008 to November 2008, which was the time of occupancy, from the time of the occupancy to the time of the construction of cable broadcasting facilities, and thereafter used 1/5 of the total volume of electric use of B commercial.

However, by October 5, 2009, J, the actual representative of the Plaintiff, failed to pay management expenses of KRW 6,819,930, and prepared a letter to the effect that the above unpaid management expenses will be paid by December 11 of the same year from November 30, 2009. On July 201, the Plaintiff prepared a letter to the effect that the above unpaid management expenses will be paid by no later than 15,963,370 won and 4,56,950 won and the unpaid management expenses of KRW 4,56,950 and the unpaid management expenses of KRW 4,56,950 until November 5, 201. The Plaintiff prepared a letter to the effect that the above J and K, the representative director of the Plaintiff, will be paid the unpaid management expenses of the Plaintiff by no more than 15,963,000 won and all unpaid management expenses of the Defendant, including the provisional attachment of the same by no more than 206,2636,27,29-6,27.