(영문) 광주지방법원 2016.04.07 2015가단531261

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(영문) 광주지방법원 2016.04.07 2015가단531261

부당이득금

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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 48,00,000, and shall pay the full payment from January 16, 2016.

Reasons

1. Facts of recognition;

A. The Defendant supplied B Co., Ltd. (hereinafter “B”) with electricity on the land of 2,588 square meters and its ground (road name address: D) of the land in Gyeongdong-gun, Gyeongdong-do and the 1,445 square meters of a multi-story factory in the Gandong-gun, the Defendant suspended the supply of electricity to each of the above real estate on January 2015.

As to each of the above real estate, the Daegu District Court rendered a voluntary decision to commence the auction on February 17, 2015.

(b) F, as the director and the president of the research institute B, the same year between June 2015 and June 2, 2015.

6. A contract was concluded to use free of charge from January 2 to May 30, 2020, and at the same time, the Plaintiff became the representative director of the Plaintiff on June 29, 2015.

C. On June 30, 2015, the Plaintiff drafted a letter of payment of the electricity fee, which includes the following details, to the Defendant. In using the electricity of each of the above real estate at the place of electricity use of the passenger ship, the Plaintiff promised to perform the following and not to raise an objection to the suspension of performance at the time of non-performance:

1) Payment of unpaid electricity charges of KRW 17,490,070 for November 2014, 2014; 2) Payment of unpaid electricity charges of KRW 9,600,000 for five months after the second month grace period of KRW 48,00 for two months; and

D. On July 1, 2015, the Plaintiff paid KRW 17,490,070 to the Defendant, and rendered a final decision on permission for sale on December 7, 2015 at the above auction procedure.

[Ground of recognition] The fact that there is no dispute, Gap 1-1-4, 6, Eul 1, 2, and the purport of the whole pleading

2. Determination on the main claim

A. The Plaintiff, a wage obligee for the Plaintiff’s assertion B, had to use the above real estate between B and the Defendant, and requested the supply of electricity. Unlike the basic terms and conditions of supply, the Defendant could not supply electricity until he pays the overdue electricity charge.

If the plaintiff is unable to operate the above factory, it can not be said that the defendant would suffer a big loss.

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