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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff (competent branch office) entered into a contract with B to supply electricity for farming use to the fish farm located in Seopopo City C (hereinafter “the fish farm in this case”). From March 10, 1995, the Plaintiff supplied electricity to the Defendant from March 10, 1995. As seen below, B did not receive the Defendant a total of KRW 27,755,720 from B prior to leasing the fish farm in this case.
B. On May 27, 2014, the Defendant entered into a contract with B to lease the fish farm in the instant case, and operated the fish farm in the instant case with the name of the electricity supply contractor B from June 1, 2014 to June 1, 2014.
C. From the beginning of the operation of the fish farm in this case, the Defendant paid the electricity fee notified to the Plaintiff each month. The Plaintiff first appropriated the electricity fee received from the Defendant for the electricity fee that was not received from B, and accordingly, the Plaintiff’s account book was adjusted to the unpaid electricity fee from June 2015 to September 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. Article 12 of the former Terms and Conditions of Supply concluded between the Plaintiff’s assertion 1 and B provides that “If a contractor for electricity use is changed due to sale, etc., the reporter and the former customer shall notify the Plaintiff of the change within 14 days after the change occurs, and in principle, the notification of the change in the terms and conditions of the contract shall be made in writing.” Article 6(3) of the former Terms and Conditions of Supply provides that “If the former user continues to use electricity under the former user’s name without applying for change of name even if the change was changed, the former may request the actual employer to change the name of the former user.”