1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. C Co., Ltd. engaged in the business of friendship with the trade name “E” in Dongducheon City G (D).

B. Since August 29, 2016, the Defendant leased all facilities from the said company, and registered the business of “E” on August 30, 2016.

C. On August 29, 2016, the Defendant entered into an electricity use agreement with the Plaintiff, and on August 30, 2016, the consumers of electricity changed from “stock company C” to “B (E). A person who vicariously executes the safety management affairs was certified as an electrical safety supervisor (change) notification to the effect that he/she is the Plaintiff.

On March 3, 2017, F Co., Ltd. (hereinafter “F”) was established for the purpose of developing hot spring and operating bathing rooms, etc. on March 3, 2017. At the time, the representative director and inside director of Nonparty Co., Ltd. were the Defendant.

E. On March 31, 2017, the Defendant closed down “E”, and resigned from the representative director and director-general of the non-party company on May 1, 2017, and H was appointed as the representative director and director-general of the non-party company on the same day.

F. The managing body of E did not pay to the Plaintiff totaling KRW 32,442,340,00,00 for electricity usage fees and late payment fees from June 2017 to December 2017.

[Ground of recognition] Facts without dispute, Gap evidence 3, 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion;

A. The plaintiff's assertion is that the defendant shall pay the overdue electricity fee as an electrical user contractor.

B. Defendant’s assertion 1) The Defendant did not have a duty to pay electric utility charges since he resigned from the office of representative director of the non-party company E, the managing body. 2) At the time of preparing an application for electric utility change, the Plaintiff did not explain to the Defendant that “where the electric user contractor is changed, the change must be notified within 14 days.”

3) The plaintiff did not actively notify the defendant himself/herself of the fact at the time of delinquency of 2 months, but did not expand the defendant's damage.