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(영문) 수원지방법원 2019.11.22 2019가단535385
사용료
Text

1. The defendant shall pay 591,360 won to the plaintiff and 12% per annum from November 2, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a contract with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to supply electricity to E (hereinafter “First Address”) and Sungsung City Co., Ltd. (hereinafter “Second Address”).

B. The Defendant guaranteed, among the Plaintiff, each joint and several liability within the scope of KRW 56,00,000 for the electric usage fee for the first domicile of the non-party company against the Plaintiff, and KRW 63,00,000 for the electric usage fee for the second domicile.

C. The Plaintiff supplied electricity to the address Nos. 1 and 2 pursuant to the contract under the foregoing Paragraph 1’s A.

However, as of February 18, 2019, the non-party company did not pay the electricity user fee and late payment charge of KRW 110,076,690 for the first address as of February 18, 201, and the electricity user fee and late payment charge of KRW 35,214,520 for the second address.

Since then, the Defendant paid the Plaintiff KRW 10,00,000 on February 27, 2019, KRW 30,000,00 on March 11, 2019, KRW 15,000,00 on March 28, 2019, KRW 20,00 on April 3, 2019, and KRW 20,000 on April 3, 2019, and KRW 16,214,520 on April 23, 2019.

E. Meanwhile, while the Defendant repaid each of the above amounts, there was a total of KRW 591,360 as to the fee for the electricity of December 2018 and January 2019 with respect to each of the two addresses.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 and 2 (including various numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff held the non-party company as of February 18, 2019; the first address of KRW 110,076,690; the second address of KRW 35,214,520; the second address of KRW 35,214,520; the Defendant held the first address of KRW 56,00,000; and the second address of KRW 63,00,000.

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