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(영문) 수원지방법원안산지원 2019.07.12 2019가단2452
전기요금
Text

1. The Defendant’s KRW 7,897,606 as well as the Plaintiff’s annual rate of 6% from January 26, 2019 to July 12, 2019, and the following.

Reasons

1. The Plaintiff’s determination as to the cause of the claim leased the second floor of the D ground building in Ansan-si, the Defendant on November 29, 2017 to January 4, 2020. The fact that the Defendant did not pay the Plaintiff the electricity fee of KRW 65,383,605 from August 8, 2018 to December 2018 may be recognized either as a dispute between the parties or as a whole taking into account the purport of the entire pleadings in the statement of evidence Nos. 1 to 3.

According to these facts, the Defendant is obligated to pay the Plaintiff unpaid electricity charges of KRW 65,383,605 and delay damages, barring special circumstances.

2. As to the defendant's defense, since the defendant agreed to pay 7,897,606 won after deducting the lease deposit and the advance payment made by the defendant from the unpaid electricity charges and the unpaid rent, the defendant is not obligated to pay the whole unpaid electricity charges.

On January 2, 2019, before the application for the instant payment order was made, the Defendant delivered the said real estate to the Plaintiff on or before January 7, 2019. The Plaintiff did not agree to pay the amount exceeding KRW 67,237,50,00 for the same period as the leased management fees from August 2, 2018 to December 2, 2018. The Plaintiff did not agree to pay the amount exceeding KRW 132,621,60 for the same period as the leased management fees from August 2, 2018 to December 65, 383,60,000 for the first period and KRW 14,723,50 for the first period and KRW 124,723,60,00 for the first period and KRW 124,723,50,00 for the first period and KRW 124,723,60,06 (=132,621,06 -124,500).

3. In conclusion, the Defendant, as a result of the payment deadline for KRW 7,897,606 and its payment deadline, is at the rate of 6% per annum under the Commercial Act from January 26, 2019 to July 12, 2019, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following date to the date of full payment, to the date of the delivery of the original copy of the instant payment order sought by the Plaintiff.

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