logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.05.31 2019가단101974
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 39,38,480 and the interest rate of KRW 15% per annum from December 25, 2018 to the date of full payment.

Reasons

1. Chief;

A. In around 2007, the Plaintiff’s assertion entered into a power supply contract with the Defendant for Daegu Northern-gu C and supplied electricity to the said place.

However, from June 2018 to August 31, 2018, the Defendant did not pay KRW 39,388,480.

Therefore, a judgment, such as the statement of claim, is sought.

B. The company using electricity at the above location of the defendant's assertion was D Co., Ltd., and the plaintiff received not only the electricity fee from the above company but also the actual user confirmation and the letter of performance of payment.

Therefore, it is unreasonable for the plaintiff to claim the electricity fee to the defendant since the actual user knew that he was the company and supplied the electricity.

2. However, the Defendant is obligated to pay the above electricity charges to the Plaintiff as a contractor who entered into the said electricity supply contract with the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 39,38,480 won and the amount calculated by the rate of 15% per annum from December 25, 2018 to the day of full payment, which is the delivery date of a copy of the complaint of this case (payment order).

On the other hand, the defendant's assertion relating to this is not acceptable, because the plaintiff received the confirmation of the actual user and the letter of performance from D, and it is difficult to view that the plaintiff renounced or agreed to waive the claim for the electric utility fee against the defendant.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

arrow