beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On August 5, 2013, the Plaintiff leased approximately 100 square meters and marinas of approximately 300,000 square meters in the private-type factory in Kimhae-si, Kimhae-si, as lease deposit amounting to KRW 20,000,000,000 monthly rent, and KRW 20,000,000,000,000 to the Defendant on the same day as the lease deposit period of 24 months (hereinafter “instant lease”).
Around that time, the Plaintiff occupied the above factory, and the Defendant used approximately 200 square meters for the remainder of the above factory.
B. The Plaintiff and the Defendant paid the electric charges for September 2013 and October, through an electrical safety management entity, based on their respective usage charges and basic charges. The electric charges for November 2013 to February 2014 were fully paid by the Plaintiff, and the electric charges for March 2014 were fully paid by the Defendant.
C. On March 17, 2014, the Plaintiff and the Defendant: (a) calculated the Defendant’s fee of KRW 600,000 with respect to the electric charges from March 17, 2013 to February 2, 2014; (b) calculated the Defendant’s fee of KRW 1/2 by the Plaintiff and the Defendant; and (c) calculated the basic fee of KRW 3,841,200 with respect to the said period’s electric charges, the Plaintiff and the Defendant, respectively, shall pay the Plaintiff a total of KRW 3,841,200 (total of KRW 1/2,241,200 with the basic fee of KRW 60,00) (Evidence No. 4)
around July 2014, the Plaintiff and the Defendant agreed on the instant lease agreement, and the Defendant refunded only KRW 11,347,368 to the Plaintiff on July 25, 2014, the remainder after deducting unpaid rents, electricity charges, etc. from the instant lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 9, 12, Eul evidence Nos. 3 and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion did not agree with the Defendant to bear 1/2 of the basic fee from September, 2013 and from March to June, 2014 at the time of settling electricity charges on March 17, 2014. In particular, the Plaintiff did not use electricity on or after February 17, 2014.