beta
(영문) 대전지방법원 2016.02.04 2015가단14867

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant)’s occurrence occurred from Pyeongtaek-si B to May 15, 2015.

Reasons

The main lawsuit and counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On May 7, 2013, the Plaintiff registered his/her business with the trade name “C” from Pyeongtaek-si B, and operated the said marina (hereinafter “instant marina”).

B. Around May 2013, with the consent of the Defendant and D, the owner of the building above, the Plaintiff entered into an electric use contract with the purport that “the electric utility operator shall use 200kW, but the application for electric use shall be filed in the actual user’s name, and if the contractor is changed due to sale or lease, etc., he/she shall notify the details of the change within 14 days.” On May 16, 2013, the Plaintiff issued from the Seoul Guarantee Insurance Co., Ltd. the performance guarantee insurance policy with the term “20,000,000,000, and from May 20, 2013 to August 19, 2015,” and issued it to the Defendant around that time.

C. On January 20, 2014, the Plaintiff transferred the instant marina, and closed its business registration with the trade name “C” on February 5, 2014.

Since January 20, 2014, Co., Ltd., E or F received the instant marina and operated the instant marina, supplied electricity from the Defendant, and paid the electric utility fee, and delayed payment from November 2014 to August 2014, and paid the electric utility fee for the period from February 26, 2015 to October 2014, and paid the electric utility fee for the period from December 2014 to April 17, 97,210 won.

E. On April 2015, the Defendant notified the Plaintiff of the payment of KRW 17,977,210 of the electricity fee by May 15, 2015.

F. On April 10, 2015, Seoul Guarantee Insurance Co., Ltd. sent to the Plaintiff a notice of “Request for Information on Occurrence of Insurance Accidents and Fact-finding Verification” stating that “The Defendant received insurance claims of KRW 15,482,270 from the Defendant according to the performance guarantee insurance.”

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, 5, Eul evidence Nos. 1, 3, 4.