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(영문) 인천지방법원 2016.06.16 2015나18152
보수비등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The parties' assertion

A. The Defendant is obligated to pay the unpaid electricity fee of KRW 1,146,450 to the lessee.

B. Defendant 1) On March 2014, inasmuch as the real estate was handed over to the firstman on March 2014, Defendant 201, there is a duty to pay only the electricity fee up to that time. (2) The Co-Defendant C Co-Defendant C Co., Ltd. (hereinafter “C”) succeeded to the lessee’s status, only C is

3 The Plaintiff agreed not to pay unpaid electricity charges while transferring real estate.

2. Facts of recognition;

A. On June 30, 2007, the Plaintiff leased the instant building D (hereinafter “instant building”) to the Defendant for a period of lease of KRW 24 months from June 30, 2007, deposit money KRW 20 million, and rent KRW 2 million per month.

B. As to the delayed payment of rent, the Plaintiff filed a lawsuit against the Defendant seeking delivery of the instant building, and rendered a judgment that accepted the Plaintiff’s claim on March 25, 2014, and received delivery from the Defendant on May 8, 2014.

C. The unpaid electricity charges from March 2014 to May 2014 are KRW 928,500.

(2014. The amount of electricity used in March 2014 is 0kW for 2,248kW, 944kW for the amount of electricity used in April 2014, 167kW for the amount of electricity used in May 2014, and 0kW for the amount of electricity used from June 2014 to August 2014.

On September 4, 2014, the Plaintiff paid to the Korea Electric Power Corporation the aggregate of KRW 1,103,550, and the resupply fee of the electricity interrupted from March 2014 to August 2014, and KRW 1,146,450, respectively.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 3, and the purport of the whole pleadings

3. Determination

A. The Defendant is obligated to pay KRW 928,500 to the Plaintiff the electric utility rate of KRW 928,500 until May 8, 2014.

B. Since there is no evidence to acknowledge that C succeeded to the status of tenant C, the defendant's above assertion is without merit.

(c)Evidence that there has been an agreement on the exemption of unpaid electricity charges and on the exemption of unpaid electricity charges.

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