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(영문) 의정부지방법원 2016.10.07 2016가단12076
구상금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 13,250,003 and the interest rate of KRW 15% per annum from April 26, 2016 to the date of complete payment.

Reasons

The Plaintiff owned Nos. 101, 102, 103, 104, 107, 108, 109, 110, 111, 112, 113, 114, and 204 of the second floor among the buildings of this case, Namyang-si, Namyang-si, and five parcels of land D (hereinafter “instant building”). The Defendant owns Nos. 101, 3 through 7 of the instant building.

The instant building charges are imposed in a lump sum, but the Plaintiff did not pay the total of KRW 13,250,003, which was imposed by the Defendant, on behalf of the Defendant.

[Ground of recognition] In light of the fact that there is no dispute, each entry of Gap's 1 through 4 (including additional numbers) and the purport of the entire argument, the defendant is obligated to pay to the plaintiff the total amount of the electricity charges of KRW 13,250,003 which the plaintiff paid on behalf of the plaintiff and damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 26, 2016 to the date of complete payment, barring any special circumstance.

The judgment of the defendant on the defendant's assertion is unfair since 10,171,163 electricity rates up to May 2014 were paid by the defendant to the plaintiff and the plaintiff, and 4,279,046 electricity rates up to 107 and 108 were paid by E in excess of the amount claimed by the plaintiff. Thus, the plaintiff's claim is unjust.

The defendant's assertion is without merit, but there is no evidence to acknowledge the above fact of the defendant's assertion, and the defendant's assertion on a different premise is without merit.

In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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