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(영문) 광주지방법원 2019.01.25 2018나57949
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff owned container stuffs on the ground of Jeonnam-gun C, and used electricity and water from the Defendant’s building on the land immediately adjacent to the Plaintiff’s land.

However, on April 27, 2015, the Defendant terminated the electric power supply contract without prior pre-announcement, thereby suspending the supply of electricity, and resulting in damage equivalent to KRW 2.7 million.

Therefore, the defendant is obligated to pay 2.7 million won and delay damages to the plaintiff as damages for tort.

B. From March 2015, Defendant notified the Plaintiff that he will be transferred to the Plaintiff, and thereafter agreed to use electricity only until April 30, 2015 with the Plaintiff.

Accordingly, the defendant used electricity to the Korea Electric Power Corporation until April 30, 2017 and decided to terminate the electricity use contract from May 1, 2015. However, due to the suspension of the supply of electric power by the Korea Electric Power Corporation, the defendant's electric power supply was cut down on April 27, 2015, which is earlier than three days.

Therefore, the plaintiff's claim is without merit.

2. The fact that the Plaintiff drawn electricity and tap water from the building owned by the Defendant, and the fact that the Defendant requested the Korea Electric Power Corporation to terminate the electric use contract on April 23, 2015 and the supply of electric power to container stuffs residing by the Plaintiff was suspended from April 27, 2015 is no dispute between the parties.

However, the circumstances in which evidence Nos. 2, 4, and 5 showed the overall purport of the pleadings, i.e., the Defendant sent content-certified mail to the owner D on April 1, 2015 to the Plaintiff’s owner of the land at which the Plaintiff’s consortiums were located, and the content-certified mail states that “the water and electricity connected to the Plaintiff’s container stuffs are in the written consent to use by April 30, 2015 connected to the Plaintiff’s container stuffs until February 5, 2014,” and ② the Defendant supplied electricity and water to the Plaintiff’s container stuffs as originally set forth, and later it appears that the Defendant attempted to suspend the above electricity and water supply.

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