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(영문) 전주지방법원 2017.06.22 2016나4177
사용료
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

3. Costs of appeal; and

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 18, 2012, the Defendant concluded a sales contract to purchase the land for a factory in Macheon-si, C, 5,067 square meters and above-ground buildings (hereinafter “instant building”).

B. Prior to the purchase of the instant building, the lessee D Co., Ltd. (hereinafter “D”) who leased the instant building before the Defendant purchased the instant building was delinquent in totaling KRW 56,296,220.

The following principal (the defendant of this case) promises, as the owner of the building at the above place (the termination of the contract for electrical use) where the electricity rates are in arrears, to succeed to the full amount of the electricity rates in arrears, subject to the resupply of electricity, and to pay them in installments on the following terms:

In addition, I promise not to raise a civil or criminal objection against any measure such as suspension of the supply of electricity by your company and the demand for deposit in the electricity charges when the installment payment terms are not fulfilled.

In addition, it is promising that no objection may be raised even if the supply of electricity is suspended without prior notice, even if the electricity is in arrears for one month after the replacement of the above place.

C. Around 2013, the Defendant prepared a written withdrawal of the charges for termination of the overdue charge with the purport that the Plaintiff shall succeed to the full amount of the overdue charge (56,296,220 won) of D’s overdue charge (56,296,220 won) as follows.

On August 1, 2013, the Plaintiff and the Defendant drafted a certificate of the substitute payment of electric charges (hereinafter “instant certificate”) as follows:

3. Terms of payment.

A. A who acquired ownership (provisional registration) through sale on January 11, 2013, issued a letter of intent to pay electricity charges in arrears, which were September 2012 to March 2013, 2013, before July 31, 2013.

B. In lieu of paying KRW 56,296,220 to March 2013 from September 2012, the payment of the overdue interest rate of KRW 56,29,220 shall be made by way of active efforts, such as legal measures, to the Gu and the Dispute Resolution Co., Ltd. (E).

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