(영문) 인천지방법원 2018.08.30 2018가단205826

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(영문) 인천지방법원 2018.08.30 2018가단205826

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,078,350 and the interest rate thereon from May 25, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 22, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the supply of electricity to the three-story factories on the ground D above the Nam-gu Incheon Metropolitan City (hereinafter “instant building”) with the term of the contract, setting the term of the contract as one year, and entered into an electricity use contract (hereinafter “instant contract”).

B. According to the instant contract, unless either the Plaintiff and the Defendant B request in writing the other party to amend the terms and conditions of the contract before the expiration of the contract period, the instant contract continues to be in effect once every year after the expiration of the contract period.

Accordingly, the instant contract was renewed by January 21, 2018.

C. At the time of the instant contract, Defendant B leased and used the instant building from Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant C, the owner of the instant building, guaranteed the Plaintiff on January 22, 2016, set the maximum amount of the guaranteed debt amount of KRW 75,00,000, and the joint and several surety period from January 22, 2016 to January 21, 2018.

After that, Defendant B purchased the instant building from Defendant C on September 3, 2016, and completed the registration of ownership transfer on October 7, 2016.

E. Defendant B unpaid totaling KRW 45,078,350 from October 2017 to January 2018.

[Ground of recognition] No dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff unpaid electric charges of KRW 45,078,350, and damages for delay calculated at the rate of 15% per annum from May 25, 2018 to the date of full payment, as the Plaintiff seeks.

3. Defendant C’s assertion

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