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(영문) 인천지방법원 2019.11.12 2019나53238
전기요금청구
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. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the defendant's argument in the court of first instance, except for the defendant's addition of the following arguments in the court of first instance, and the evidence submitted in the court of first instance, even if the evidence submitted in this court was neglected, the fact-finding and

Therefore, the reasoning for this court's explanation is as follows, except for the addition of "2. Additional Judgment" as to the argument added by the defendant in this court, since the reasoning of the judgment of the first instance is the same as that of the part of the judgment of the court of first instance. Thus, this court shall accept it as it is in accordance

2. Additional determination

A. The Defendant’s assertion expressed to the Plaintiff that the Defendant requested the Plaintiff to pay the electricity fee under the name of the Codefendant C Co., Ltd. of the first instance trial (hereinafter “C”), which is the actual user. Accordingly, the Plaintiff urged the Plaintiff to pay the unpaid electricity fee, and requested the Plaintiff to implement the procedure for change of the name of the contract for electricity use. C paid part of the unpaid electricity fee to the Plaintiff and expressed his intention to pay the unpaid electricity fee in full. After receiving the Defendant’s above request, the Plaintiff sent the notice of the electricity fee to C without sending the notice of the electricity fee to the Defendant, and then sent the customer name C.

In light of these circumstances, the Defendant’s trust was formed regarding the fact that the Plaintiff would no longer claim the electricity fee, and thus, the Plaintiff’s claim for the electricity fee as the instant lawsuit contravenes the good faith principle or the doctrine of gold speech.

B. In light of the following circumstances, it is difficult to view the Plaintiff’s claim of this case contravenes the principle of good faith or the principle of notions solely on the sole basis of the Defendant’s assertion, and evidence to acknowledge otherwise.

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