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(영문) 전주지방법원 정읍지원 2017.01.17 2015가단5406
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around May 2007, the Plaintiff filed an application with the Defendant for the use of electricity with the Plaintiff, the Defendant’s electric consumers, the Defendant’s electric consumers’ place of use, and the contract power as 55 km.

B. Accordingly, the Defendant supplied electricity to the above place of electric use, and the sum of the electric utility rates from June 2008 to January 2009 was not paid 1,590,250 won.

C. On July 2, 2009, the Defendant applied for the payment order against the Plaintiff, and on July 2, 2009, issued a payment order stating that “the Plaintiff shall pay KRW 1,590,250 and delay damages to the Defendant” (hereinafter “instant payment order”).

The instant payment order was finalized around that time.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties who received electricity from the Defendant on the Plaintiff’s assertion are not the Plaintiff but C (hereinafter “C”).

2) The corporation or the transferee of the corporation (hereinafter referred to as the “BIMD”) shall be

The plaintiff was not the representative director or director of C during the period in which the defendant asserted that he supplied electricity. Therefore, compulsory execution based on the payment order of this case should not be permitted. 2) The defendant's assertion that the plaintiff is the party who entered into the electric use contract upon the application for electric use, and is obligated to pay the electric use fee according to the payment order of this case, so the defendant's claim is unfair

B. According to the facts acknowledged above, the Plaintiff is obligated to pay the electricity fee under the electricity use contract to the Defendant as the party who applied for electricity unless there are special circumstances. 2) As to this, the Plaintiff did not receive the electricity, but did not have the representative director, and thus, the Plaintiff is obligated to pay the electricity fee.

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