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(영문) 수원지방법원안산지원 2014.11.04 2013가단26692
위약금반환
Text

1. The obligations listed in attached Table 1 against the Defendant of Plaintiff A do not exceed KRW 3,546,329.

Reasons

1. Facts of recognition;

A. D in Ansan-si, a member-gu, Seoul (hereinafter “instant commercial building”) is a commercial building consisting of five stories above ground and one story below ground.

The Defendant entered into a contract on the use of electricity with Litering Industrial Development Co., Ltd. (hereinafter “Litering Industrial Development”), and supplied electricity to the instant commercial buildings. The supply of electricity to the instant commercial buildings was conducted through one mother measuring device, and the supply of electricity was conducted by installing a self-measurement measuring instrument and individually paying electricity to the Defendant according to the quantity of use by each store with the consent of the development of Litering Industrial Development, which is the representative customer by each store.

Since then, as the representative customer's development fails to pay the electricity fee, the defendant terminated the above electricity use contract on the commercial buildings of this case with the Llurisung Industrial Development on February 14, 2007.

B. From October 8, 2010, Plaintiff A is the owner and occupant of 114 among the instant commercial buildings from October 8, 201, Plaintiff B is the occupant of 303 and 304 among the instant commercial buildings from February 201, and Plaintiff Chang Co., Ltd. (hereinafter “Plaintiff Chang Co., Ltd”) is the occupant of 309 among the instant commercial buildings.

However, at the time when the plaintiffs moved into the commercial building of this case, they were unable to be supplied with electricity from the defendant because each store does not have a self-measurement, and the defendant applied for the supply of electricity. However, the defendant refused to supply electricity to each of the stores of this case on the ground that the representative customer, who is the representative customer, should pay the overdue electricity fee for the new supply of electricity because the electric use contract for the commercial building of this case was terminated due to the overdue electricity fee, and that the new supply of electricity can be conducted within the commercial building of this case only with the consent of the plaintiffs, who are their own customers.

C. The Plaintiffs, as seen above, are unable to be supplied with electricity, establish an individual self-measurement.

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