logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2015.01.23 2014가단50376
전기사용료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,814,180 and the interest rate thereon from July 31, 2014 to the date of full payment.

Reasons

1. Determination of facts as to the cause of the claim: The following facts may be acknowledged in full view of the entries in Gap evidence Nos. 1 and 6 and the purport of the entire pleadings.

① On March 26, 2010, Defendant B was a person who operated a factory (hereinafter “instant factory”) in the following cities: (a) entered into an electric use contract with the Plaintiff, under which the said Defendant would receive electricity supply from the Plaintiff to the instant factory (hereinafter “instant electric use contract”).

② On August 19, 2011, Defendant A entered into a joint and several surety agreement between the Plaintiff with the guarantee limit of KRW 80 million and the guarantee period from August 19, 2011 to August 18, 2013 with respect to the royalty obligations under the instant electrical use contract.

③ From March 2013 to June 2013, 2013, the sum of KRW 35,066,520 and the late payment charge of KRW 747,660 is KRW 35,814,180.

Provided, That barring any special circumstance under the instant electric use contract and joint and several sureties contract, the Defendants are jointly and severally liable to pay to the Plaintiff unpaid electric utility rates of 35,814,180 won, and damages for delay calculated at the rate of 20% per annum as provided by the Promotion Act from July 31, 2014 (the day following the delivery of the application for modification of claims and cause) to the day of complete payment.

2. Summary of the claim by the Defendants: Defendant B, while operating the instant plant on August 22, 2012, filed a report on the discontinuance of business on December 31, 2012; D, an employee of the instant plant, used the actual electricity while operating the instant plant; and the Plaintiff was aware of the fact.

However, in full view of the following circumstances, it is reasonable to view that the Defendants are obligated to pay the electricity fee to the Plaintiff in accordance with the instant electrical use contract and joint and several sureties contract, and the Defendants’ above assertion cannot be accepted.

① The instant electric use contract (A2-2, 3-2) provides that unless the customer and the Plaintiff request in writing the modification of the terms and conditions of the contract prior to the expiration of the contract, the said contract shall be concluded.

arrow