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(영문) 대구지방법원 2020.05.14 2019나5251
손해배상(기)
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. Basic facts

A. On July 21, 2013, the Plaintiff entered into a contract with the Defendant for the lease of approximately 70 square meters (hereinafter “instant lease agreement”) among the land buildings C (hereinafter “instant building”) owned by the Defendant at the time of permanent residence with the Defendant (hereinafter “instant building”).

B. The Plaintiff operated a children’s play room in the leased part of the instant building, and the Defendant lived with his family members in the remainder of the building except the leased part of the instant building.

C. The instant building had three electric measuring instruments for A, B, and C. However, at the time of the conclusion of the instant lease agreement, the Defendant explained to the Plaintiff that “the electricity used in the leased part of the instant case is measured by B and C measuring instruments, and the electricity used by the Defendant is measured by A measuring instruments.”

Accordingly, when concluding the instant lease agreement, the Plaintiff and the Defendant agreed that the fees for the electric utility (hereinafter “B electricity charges” and “C electricity charges”) measured by B and C measuring instruments respectively (hereinafter “B electricity charges”) shall be borne by the Plaintiff, and the charges for the electric utility measured by A measuring instruments shall be borne by the Defendant.

E. The Plaintiff paid B electricity charges and C electricity charges incurred from August 2013 to December 2016 pursuant to the agreement.

The electricity fee paid by the Plaintiff is 4,096,500 won in total.

F. Around January 2017, the Plaintiff argued to the Defendant that “B electricity is irrelevant to the Defendant’s use, and the Defendant is obliged to pay B electricity charges.”

Accordingly, from January 2017, the Defendant would pay the Plaintiff the electricity fee B from January 201 to the Plaintiff.

It has paid B electrical charges from January 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6 (including each number, hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiff's assertion B.

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