logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.14 2015가단5161646
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 20,629,390 and the interest rate of KRW 15% per annum from April 30, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that sells electricity, and the Defendant was the joint owner of the Gangnam-gu Seoul Metropolitan Government and two lots of ground C buildings from 2005 to 2009.

B. On September 1, 2007, the Defendant entered into a lease agreement with D Co., Ltd. (hereinafter “D”) on the first floor of CA building, and leased D the first floor of C building to D.

C. On January 23, 2008, D applied to the Plaintiff for the change of the user name of the first floor electric power use contract of CA building underground from Dobro, Inc. to D, and the Defendant, as the owner, signed and sealed the application for change of the electric power use contract.

On January 23, 2008, the defendant prepared a joint and several surety that the defendant jointly and severally bears the guaranteed liability with respect to the electricity charge liability for the first floor of D C building underground.

(hereinafter “this case’s joint and several sureties”). (e)

D did not pay 20,629,390 won in total of the electricity rates from July 2014 to February 2015 for the first floor under C building.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence No. 1, Evidence No. 2-1, the purport of the whole pleadings

2. Determination:

A. According to the above facts, unless there are special circumstances, the defendant bears the joint and several liability for the electricity fee liability of KRW 20,629,390 for the first floor of D's underground floor according to the joint and several surety of this case.

B. The Defendant asserted that, as the owner of Cbuilding, joint and several liability of D with respect to the electricity charge liability was terminated due to the change of ownership, since C building owners were changed into Heavy Development Co., Ltd. (hereinafter “China Development”) on May 11, 2010, the Defendant’s joint and several liability obligations were terminated.

The fact that the defendant, as the owner of C building, affixed his signature and seal on the application for the change of the user's name of the first floor underground floor of D in building is as seen earlier.

According to the statement of No. 1, co-owners of the C building including the defendant are developing C building on December 9, 2009.

arrow