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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 reasons for the court’s explanation concerning this case are as follows: (a) the second instance judgment “D” in Part 14 of the second instance judgment is dismissed as “E”; and (b) the Defendant’s argument in the trial are as stated in the reasoning of the first instance judgment, except for adding the following judgments to the pertinent part; and (c) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. First of all, the defendant's claim constitutes "a claim for the payment of money within a period of less than one year" under Article 163 subparagraph 1 of the Civil Code, and the statute of limitations has expired for three years. Thus, the defendant's claim is a defense that the statute of limitations has expired already.
On the other hand, the plaintiff paid the electricity fee to be borne by the defendant on behalf of the defendant and claimed a reimbursement for it, and the period of extinctive prescription for the claim for reimbursement is ten years (Article 162 (1) of the Civil Act). Therefore, the above argument by the defendant is without merit.
Then, the defendant asserts that the amount equivalent to the refund should be deducted because the plaintiff was entitled to the refund of the surcharge on the above electricity charges (the above argument that the surcharge should be refunded to the defendant), but the statement in the evidence No. 28 alone is insufficient to recognize that the plaintiff was entitled to the refund of the surcharge on the defendant's argument, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.
3. Thus, the plaintiff's claim of this case is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just as it is concluded, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.