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(영문) 제주지방법원 2020.07.21 2019가단63685
사용료
Text

1. The defendant shall pay to the plaintiff 66,319,960 won and the interest rate of 12% per annum from May 16, 2020 to the day of complete payment.

Reasons

The Defendant entered into an electricity supply contract with the Plaintiff on September 4, 2013 and began to be supplied with electricity, and the fact that the Defendant did not pay the electricity charges of KRW 66,319,960 in total until January 2020 does not conflict between the parties, or that the Defendant did not pay the electricity charges of KRW 66,319,960, by taking account of the overall purport of the pleadings

According to the above facts, the defendant is obligated to pay to the plaintiff 66,319,960 won and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 16, 2020 to the date of full payment following the delivery of the written application for alteration of claim and cause of claim as of May 12, 2020.

Since the defendant transferred the fishery right to C around August 2018 and leased the aquaculture, which is an electrical facility, to C, it is argued that C bears the duty to pay the electricity fee, but there is no evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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