logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.29 2016가단803735
부당이득금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 15, 2014, the Plaintiff: (a) established two floors of two factories and two floors of two offices among the building on the ground (hereinafter “instant factory”); (b) from July 15, 2014 to July 14, 2016; (c) leased two floors of two factories; and (d) operated the automobile parts funeral business under the trade name “E” from that time to that time; and (d) operated the said leased part.

B. On February 2, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) used part of the entire factory and two business units among the instant factories, and the Plaintiff entered into an agreement on electrical use of the instant plant with the Korea Electric Power Corporation and the Defendant B as a joint customer, with the Korea Electric Power Corporation and the Defendant B, for an industry (A) using the instant plant as the place of electrical use, and entered into a contract on electrical use. Article 8 of the terms of supply of variable voltage facilities under the said agreement on electrical use, stating that “I will notify the details of the change and conclude a contract on electrical use with Korea Electric Power Corporation before changing the representative customer and the joint customer.”

C. On October 2015, the Plaintiff agreed to enter into the said lease agreement with Pakistan Co., Ltd., and around October 5, 2015, delivered the instant factory to Pakistan Co., Ltd.

On December 1, 2015, in the name of Defendant B, an application for the alteration of electric utility to the Korea Electric Power Corporation that wishes to terminate an electric utility license agreement was filed under the name of the Plaintiff for the alteration of electric utility license agreement to be “industrial(A)” in the name of the Plaintiff to the Korea Electric Power Corporation for the same day.

E. After that, the electricity fee for the instant plant was overdue, and the Korea Electric Power Corporation took a short-term measure against the instant factory on June 8, 2015, and the Korea Electric Power Corporation claimed KRW 50,836,870 against the Plaintiff, the owner of the electric use contract, who was the owner of the electric utility contract, to pay the overdue electricity fee of KRW 50,836,870.

E. Of the electricity charges of KRW 50,836,870 in arrears on August 2, 2016, the Plaintiff, the Korea Electric Power CorporationF, and Defendant C, the Plaintiff KRW 15,258,071, and KRW 35,578,79 in writing, etc. to the Defendant B.

arrow