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(영문) 수원지방법원 2017.07.06 2017나2066
전기요금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion and the Defendant have operated the manufacturing industry at the land-based C Building (hereinafter “instant building”).

The plaintiff has received electricity charges in accordance with the amount of electricity usage from the defendant and the Dispute Resolution Co., Ltd (the other company that operates the business in the above place) and paid electricity charges to the Korea Electric Power Corporation.

From May 2014 to November 201, 2014, the Plaintiff paid the electricity fee of KRW 818,062 (hereinafter “instant electricity fee”) corresponding to the Defendant’s portion of use on behalf of the Plaintiff. The Defendant did not pay it to the Plaintiff.

Therefore, the defendant is obligated to pay the above 818,062 won and damages for delay to the plaintiff.

2. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply) as to the cause of the claim, the plaintiff and the defendant leased part of the building in this case and operated each manufacturing business in the building in this case under the name of Eul, the defendant operated each manufacturing business in the building in this case under the name of F, and the company of the company of the company of the company of the company of the plan for the settlement of accounts D has operated the manufacturing business in this case with the original defendant in the building in this case, and the plaintiff received the electricity charge corresponding to each used portion from November 2013 to April 2014 from the plaintiff and paid it to Korea Electric Power Corporation along with the electricity charge used by the plaintiff.

However, the following circumstances, which are acknowledged by adding up the descriptions in the Evidence Nos. 1 and 2, namely, G, the lessor of the instant building, stated that the lessor of the instant building paid the electricity rate of KRW 16,198,740 directly from October 2014 to December 2, 2014 used in the instant building; and the Korea Electric Power Corporation actually received KRW 16,198,740,00,000, including the electricity rate of KRW 4,737,320, and KRW 6,150,640, and KRW 5,310,780, and KRW 16,198,740,000,000,000 for the electricity rate of KRW 5,50,000,000,000,000 from the Defendant related to the F operation, in its name.

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