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1. The Defendants: (a) KRW 40,093,120 to each Plaintiff; and (b) Defendant A from May 14, 2014 to Defendant B.
Reasons
1. Facts of recognition;
A. A. Around September 1996, D Co., Ltd. (hereinafter “D”) entered into an electricity supply agreement with the Plaintiff on electric use of the Defendants and payment of electricity charges via D, with the content that the Plaintiff would be supplied with electricity to the E-factory located in Yeongi-gu Seoul Special Metropolitan City (hereinafter “instant factory”) and that monthly electric consumption would pay electricity charges on the 18th day of the following month, and received electricity from the Plaintiff.
(2) Defendant A around September 201, and Defendant B (hereinafter “Defendant B”) around December 2010, and around August 201, Defendant C leased part of the instant factory from each of the instant factories from each of the instant factories. From that time, Defendant A used electricity supplied by the Plaintiff while operating the factory in each of the leased premises, and paid electric charges to the Plaintiff, and D paid the electric charges from the Defendants to the Plaintiff.
(3) However, D paid the electricity fee from around 201 to February 16, 2012 to the payment of the electricity fee from around 201, and paid the electricity fee of March 17, 2012 to the amount of KRW 17,743,220 (in this case, KRW 12,319,162 from the Defendants) on June 18, 2012.
B. The Defendants’ submission of the certificate of the actual users of electricity and the direct payment of electricity charges (1) were deemed difficult to receive the electricity rates from D after April 2012, the Plaintiff demanded the Defendants to “to prepare a written confirmation that they would directly pay the electricity rates if they intend to continue to be supplied.” Accordingly, on July 17, 2012, the Defendants prepared a written confirmation of the actual users (hereinafter “the instant written confirmation”) stating that “I confirm that the electricity rates used from the date of commencement of lease to the date of pre-sale of the building, as the actual users, have the obligation to pay the electricity charges separately from the lease agreement with D” (hereinafter “instant confirmation”).
On the other hand, D was declared bankrupt on July 20, 2012, and the Plaintiff is 60,516,670 won in unpaid electricity rates until August 13, 2012.