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(영문) 대전지방법원 2017.08.18 2017나103618
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff entered into a supply contract with B to supply the core power and general-use electricity to the inn of the ground C (hereinafter “the instant inn”) in Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, and supplied electricity to the inn of the instant inn.

B. On April 9, 2015, the Plaintiff terminated the electricity supply contract with B on the grounds that the electricity charge was delinquent.

C. The electricity charges and surcharges that B did not pay to the Plaintiff from January 1, 2015 to July 31, 2015 are KRW 7,638,160 in total.

(D) The term "unpaid amount" in the table of subsection (d) below is equal to the sum of the amounts stated).

The Defendant jointly and severally guaranteed the Plaintiff’s obligation to pay the above electricity charges, and the guarantee limit amount shall be as specified in the “Guarantee Limit” column as follows:

kW 21 kW 653,610 1,800,000 Gap's low pressure contract power for general use 1D evidence 1D evidence 1D kW 21 kW 653,610 1,800,000 Gap's 62 E and Gap's low pressure contract power for general use 5kW 2,554,460 2,700,000 30 kW 271,600 4,600,000 4,120 kW 4,158,490 7,200,000 Gohap's low pressure contract power for general use 7,638,160 -

E. On November 19, 2014, the Daecheon Credit Union was awarded a successful bid on the instant leisure grounds.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 5 or Gap evidence 7, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, B is obligated to pay the Plaintiff unpaid electric charges of KRW 7,638,160 and delay damages.

The defendant jointly and severally guaranteed the liability for the electricity charges to the plaintiff in the above B, and since the above unpaid electricity charges fall short of the guarantee limit, the defendant is liable to pay the above unpaid electricity charges and damages for delay to the plaintiff.

3. Judgment on the defendant's assertion

A. The defendant asserted that the plaintiff succeeded to the obligation of the payment of the electricity fee claimed by the Daecheon Credit Union, the successful bidder of the instant leisure club, but there is no evidence to acknowledge it.

(b).

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