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(영문) 광주지방법원 2015.06.25 2014가합4202
손해배상청구 등
Text

1. The part concerning the claim for confirmation of the right to use electricity among the instant lawsuit shall be dismissed.

2. The plaintiff

(a) Defendant D shall be KRW 6,000,806, and shall be as follows.

Reasons

1. Basic facts

A. In around 2006, the Defendant Company acquired the ownership of the remaining divided stores with the exception of the instant store, 508, and 124-3 stores from among approximately 50 divided stores of the instant building. Defendant C is the representative director of the Defendant Company, the Defendant D is the managing director of the Defendant Company, and the Plaintiff is a person who sells f with the trade name “F” from September 1, 2008 to May 2013 at the instant store.

B. From around 2006, Defendant Company imposed and collected management expenses for the instant building from around August 5, 2013, and Defendant D discontinued the supply of electricity to the instant store on the ground that the Plaintiff failed to pay the management expenses equivalent to the total amount of KRW 4,068,340 from around September 5, 2013 to June 2013.

(hereinafter referred to as “instant short circuit measure”). C.

On October 10, 2014, the Plaintiff paid KRW 5,848,90 to the Defendant Company. The Defendant Company supplied electricity to the instant store, and the Plaintiff operates convenience points at the instant store from around 2015.

(5,848,900 won is the amount claimed by the Defendants as the management expenses in arrears until September 2014). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, 4, 5, 19 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 10 and 11, and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1) Defendant C and D are liable to compensate for damages caused by a joint tort as follows. Defendant C and D are liable to compensate the Plaintiff for damages incurred by Defendant C, the representative director of the company, in relation to the performance of duties. (A) Defendant C and Defendant D conspired with the Plaintiff on August 1, 2013 and interfered with the Plaintiff’s remodeling construction work.

② Although the Plaintiff did not pay the management expenses, the Defendants did not pay the management expenses. However, the Plaintiff did not pay the management expenses.

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