(영문) 울산지방법원 2014.12.24 2014나10496

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2014.12.24 2014나10496

사용료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 25, 2009, the Defendant entered into an electric use contract with the Plaintiff on the terms that the Defendant would receive electricity supply from the Plaintiff (hereinafter “instant electric use contract”) as a person who operated the age club (hereinafter “instant business”).

B. Under the instant electric use contract, the unpaid charges from January 201 to December 201 pursuant to the said contract are KRW 23,013,800 in total.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff unpaid electric charges of KRW 23,013,800 and delay damages calculated at the rate of 20% per annum from February 28, 2014 to the day of full payment, which is the day following the delivery date of the copy of the complaint in this case.

3. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant operated the instant business until March 31, 2010, and transferred the instant business establishment to the lessor, and reported the closure of business as to the instant business establishment on April 7, 2010, and that the Plaintiff was aware of the fact that the Defendant did not actually use electricity, and that the Plaintiff did not take measures to terminate the contract or to restrict the supply of electricity pursuant to Article 15 of the Plaintiff’s terms and conditions of the electricity supply after the overdue of the electricity fee, so that the Plaintiff’s claim against the Defendant on the electricity fee used from January 201 to December 2011 is groundless.

B. According to the reasoning of the judgment, Eul evidence No. 4, the plaintiff can terminate the electricity use contract if the customer fails to pay the fee by the date two months have passed from the due date for payment.

At this time, the plaintiff is the customer not later than seven days prior to the scheduled termination date.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-수원지방법원 2016.10.13 2015가단139499

-춘천지방법원강릉지원 2016.11.02 2015가단21789

-춘천지방법원강릉지원 2016.11.02 2015가단22027

-서울고등법원 2017.07.19 2016나2061403

-수원지방법원 2015.05.28 2014나34826