logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.10.19 2018가단242080
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 24, 2017, the Defendant filed a lawsuit against the Plaintiff as Seoul Southern District Court Decision 2017Gaso457926, seeking payment of gas usage fees of KRW 598,710, and delay damages thereof.

After that, around January 3, 2018, the Defendant submitted an application for modification of the purport of claim and the cause of claim to the effect that “the Defendant shall pay KRW 1,203,210 of urban gas usage fees from September 3, 2016 to January 2018 as well as damages for delay of the principal amount of KRW 1,164,480.”

B. On April 11, 2018, the above court held that “the Plaintiff shall pay KRW 1,164,480 to the Defendant up to May 31, 2018, and if the Plaintiff fails to pay the above amount by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at 15% per annum from the day following the payment date until the day of full payment, and the Defendant shall waive the remainder of claims,” and “the recommending settlement of this case” is “the recommending settlement of this case.

A) Around that time, the above decision was finalized. C. The Plaintiff paid KRW 1,164,480 to the Defendant on May 31, 2018 in accordance with the above decision of recommending reconciliation. [The Plaintiff’s entries in Gap’s facts, Gap’s evidence Nos. 1, 4, and Eul’s evidence Nos. 5 through 9, as a whole, and the purport of the entire pleadings.

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The decision on the recommendation for reconciliation of the instant case provides that only KRW 1,164,480 out of the accumulated urban gas usage fees of KRW 1,48,540 and the remaining Defendant waives the payment by the Plaintiff. 2) The Plaintiff paid KRW 1,164,480 to the Defendant in accordance with the decision on the recommendation for reconciliation of the instant case.

3. Nevertheless, in the decision of recommending reconciliation in this case, the Defendant claims 295,496 won (29,496 won) as well as interest in arrears for the use of urban gas from February 2, 2018 to April 4, 2018, which the Defendant decided to waive, and again claims the absence of the obligation to pay the relevant urban gas usage fee on July 2018.

arrow