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(영문) 수원지방법원 2017.02.14 2016나58383
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a person who supplies electricity under the Electric Utility Act, and the Defendant is a person who is supplied with electricity under the terms and conditions of electricity supply under Article 16 of the same Act. 2) The Defendant is supplied with electricity from January 8, 2014 to January 2, 2015, and used the electricity in Young-si C (1st floor) in Young-si, Young-si, and did not pay a fee of KRW 1,007,640 from December 4, 2014 to January 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the electricity fee of KRW 1,007,640 and the delay damages calculated at the rate of 15% per annum from October 4, 2015 to the date of full payment, which is the following day after the original copy of the instant payment order was served on the Defendant, as requested by the Plaintiff.

2. On January 2, 2015, the Defendant asserted that since the Defendant, at the place where the above electricity supply contract was concluded, operated the business in D with the trade name, and transferred the above business to the Plaintiff’s Intervenor on January 2, 2015, the Defendant paid KRW 1,350,000 to the Plaintiff’s Intervenor during the same period as the Plaintiff’s Intervenor paid the electricity use fee of KRW 1,350,000 from December 8, 2014 to January 2, 2015.

The evidence Nos. 1 and 2 is insufficient to recognize that the Defendant paid the Plaintiff’s electrical fee to the Plaintiff’s Intervenor during the period claimed by the Plaintiff, and that the Plaintiff’s Intervenor was paid to the Plaintiff, and there is no other evidence to acknowledge it.

On January 2, 2015, the Defendant paid only KRW 2,210,370, which was in arrears with the Plaintiff on January 2, 2015 to the Plaintiff’s Intervenor for the transfer of business, and KRW 2,210,370, which was in arrears with the Plaintiff on December 2, 2015. The Defendant paid the electricity fee from December 4, 2014 to January 2, 2015, which was not yet issued a written request for the fee.

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