1. The Defendant’s KRW 23,894,400 as well as the Plaintiff’s KRW 20% per annum from June 25, 2015 to September 30, 2015.

Facts of recognition

On December 12, 2014, the Plaintiff purchased the building of the land and its ground factory from the non-party K&P Co., Ltd. (hereinafter “non-party company”) on the 29th day of the same month, the Plaintiff purchased the building of the land and its ground, tin-ri 688-18, and completed the registration of ownership transfer on the 29th day of the same month.

The Defendant occupied and used the above factory building from Nonparty Company until February 28, 2015, and did not pay the electricity charge of 23,894,400 won from December 29, 2014 to February 16, 2015.

On May 5, 2015, the Plaintiff paid the unpaid Electric Power Fee of KRW 23,894,40 to the Korea Electric Power Corporation.

[Grounds for recognition] In light of the above-mentioned facts, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 and 2, and the ground for the plaintiff's claim as a whole, since the plaintiff paid to Korea Electric Power Corporation 23,894,400 won in lieu of the defendant, the defendant is obligated to pay to the plaintiff 23,894,40 won in lieu of the defendant, and damages for delay calculated at the rate of 20% per annum from June 25, 2015 to September 30, 2015, on the day following the delivery of the original copy of the instant payment order sought by the plaintiff, and from the next day to the day of full payment.

The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from October 1, 2015 to the date of full payment. However, the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended, and only 15% of the damages for delay from October 1, 2015 are recognized. Therefore, the Plaintiff’s above claim portion is without merit.

The Defendant’s assertion as to the Defendant’s assertion (1) A person who is liable to pay electricity charges to the Korea Electric Power Corporation is not the Defendant, but the Defendant is not the non-party, and ② the Defendant used electricity equivalent to KRW 80,809,490 in total from June 23, 2014 to February 16, 2015, but paid the Korea Electric Power Corporation the sum of KRW 83,165,650 in excess thereof, and thus, the Plaintiff’s claim cannot be complied with.

Judgment

(1)