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(영문) 전주지방법원 2016.05.12 2015나2631
사용료
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a person who supplies electricity under the Electric Utility Act, and the Defendant is a person who is supplied with electricity under the terms and conditions of electricity supply under Article 16 of the same Act and used it. 2) The Defendant is supplied with electricity equivalent to KRW 5,187,30 from December 15, 2013 to March 2014, and used it after being supplied with electricity equivalent to KRW 5,187,330 with the customer number C from Kim Jong-si to March 201

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional number), and the purport of the whole pleadings

B. Therefore, as the Plaintiff seeks, the Defendant is obligated to pay the Plaintiff the electricity fee of KRW 5,187,30 and the delay damages calculated at the rate of 20% per annum from May 27, 2014 to the date of full payment, which is the following day after the original copy of the instant payment order was served on the Defendant.

2. As to the Defendant’s assertion, the Defendant asserts that since the Defendant’s mother who requested D to operate the Felel in Kim Jong-si on behalf of the Plaintiff, G temporarily registered the business operator in the name of the Defendant and entered into an electricity use contract with the Plaintiff, the electricity user fee should be paid in fact by D.

However, even if the facts alleged by the Defendant are acknowledged, the facts that the electricity use contract was concluded between the Plaintiff and the Defendant do not conflict between the parties (the Defendant did not present specific reasons in raising an objection to the payment order on June 9, 2014, and the main purport of the appeal is to give a notice of lawsuit to secure the right to indemnity against D, and there is no big dispute as to the facts of the electricity use contract). Such circumstance is merely an internal relationship between the Defendant and D, and thus, the above argument by the Defendant is without merit.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is without merit.

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