(영문) 서울중앙지방법원 2015.11.24 2015가단5195038

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(영문) 서울중앙지방법원 2015.11.24 2015가단5195038

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1. The Defendant shall pay to the Plaintiff KRW 51,63,650 and interest rate of KRW 15% per annum from May 29, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On October 26, 2004, the Plaintiff entered into a contract with B Co., Ltd. (hereinafter “B”) to change the name of the consumer of electricity to B (hereinafter “instant contract for change of name”).

At the time of the change of the name of the instant case, the Defendant prepared a statement of joint and several sureties (the time when the user and the building owner differ) stating that “I will undertake all obligations under the terms and conditions of electricity supply, such as electricity charges used in the name of the user, to fulfill their joint and several liability.”

B. A around December 30, 2004, around December 30, 2004, changed its trade name to C (hereinafter “C”).

C. Around September 9, 2013, C did not pay the electricity charges, etc. used from June 2013, the Plaintiff terminated the power supply contract concluded with C on the grounds of default on the electricity charges of C, and filed an application with the said court for payment order seeking payment of KRW 50,471,100, including the electricity charges not used and paid by C from June 2013 to September 2013 by this Court, and delayed payment damages, etc.

C The obligation under the terms and conditions of electricity supply, such as the electricity charge that was used and paid by C from June 2013 to September 9, 2013, is 51,63,650 won (i.e., the electricity charge claimed from September 2013 until September 2013, 1,162,50 won, including the late charge claimed from October 2013 to December 2013, 2013, including TV license fee of 135,660 won, until September 9, 2013 (hereinafter “instant electricity charge”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 12, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is a joint and several surety of C's debt of the electricity charge of this case, and the defendant is obligated to pay C's electricity charge of this case and its delay damages to the plaintiff.

B. The defendant's assertion (1) is merely a joint and several guarantee for D's electric use, and C's electric use.

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