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1. The Defendant shall pay to the Plaintiff KRW 23,592,640 as well as 15% per annum from September 20, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On November 5, 2013, the Defendant, as the owner of the Gangnam-gu Seoul Building (hereinafter “instant building”), filed an application for the change of the electricity use contract with the content that the Defendant agrees to comply with the Plaintiff’s basic terms and conditions of electricity supply and to use electricity supplied by the Plaintiff in the said building (the signature was signed by the electricity user column), and the Plaintiff consented thereto.
B. On September 6, 2013, the Defendant leased the entire building of this case to C for a fixed period of two years from December 18, 2013, which is the date of designation of occupancy. From November 2014, the Defendant notified C of termination of the contract on the ground of delinquency in rent, and requested C to order the instant building on the ground of delinquency in rent, but C rejected the request, and the electricity fee not paid to the Plaintiff is KRW 23,592,640 until June 2016.
[Reasons for Recognition] The entire contents of Gap evidence 1, 2, 4, Eul evidence 1 to 3, and the whole purport of the pleading
2. According to the above facts of recognition, the defendant is obligated to pay the above electricity fee of KRW 23,592,640 as a party to the contract for electrical use with the plaintiff and delay damages.
On November 30, 2015, the Defendant claimed that, on November 23, 2015, the Plaintiff was not liable because the unpaid electricity charges of KRW 13,457,570 exceeds the deposit money due to the overdue electricity charges of KRW 13,457,570 until November 23, 2015, and that, on the other hand, the Defendant is not liable for the unpaid electricity charges of KRW 13,457,570.
Comprehensively taking account of the overall purport of the argument in the statement of evidence Nos. 13 and 5, the Plaintiff’s basic terms and conditions for the supply of electricity provide that the user or the intended user of electricity is the customer and the customer is liable to pay the electricity fee (Articles 1 and 74). While the Plaintiff entered into an agreement on the change of the electricity use contract with the Defendant, the Plaintiff, on the Plaintiff’s electronic basis, is the lessee in the customer column of the instant building.