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(영문) 창원지방법원 2019.12.05 2018나63171
사용료
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant's assertion asserts that the unpaid electricity user fee claimed by the plaintiff is used by the former employer B, and the defendant did not have any succession to the unpaid electricity user fee, and therefore, he did not have any obligation to pay the pertinent usage fee.

B. The lower court determined as follows: (a) even though the Defendant started business upon delivery of a bath around April 2013, the name of the insured was not immediately changed due to the reasons such as the unpaid electricity user fee in B; (b) the change of the name of the insured was made in the name of the Defendant on September 17, 2015; and (c) the overall purport of the pleadings in the evidence No. 9-1 to No. 21, No. 4, and No. 7, the Defendant paid the electricity user fee under B’s name before the change in the name of the insured; and (d) paid the electricity user fee under the name of the Defendant after the change in the name of the insured; and (e) the Defendant did not pay part of the electricity user fee, including the electricity user fee in arrears, from May 4, 2017 to October 17, 2017; and (e) the Plaintiff’s use of the entire electricity user fee from October 17, 2017 to October 27, 2017.

According to the above facts, regardless of whether the Defendant agreed to succeed to the overdue electricity fee of B, the Defendant appears to have voluntarily paid the overdue electricity fee of B, and as long as the Defendant did not withhold any objection and paid the overdue electricity fee, the Defendant is also the Plaintiff.

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