1. Of the judgment of the first instance, a claim for the confirmation of the existence of the obligation between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) B.

The principal lawsuit and counterclaim shall be judged together.

Basic Facts

The Plaintiff received urban gas supply by concluding a gas supply contract with the Defendant gas company from around December 2000.

Defendant C’s representative director, Defendant D’s principal director, Defendant D’s principal director of the Gangnam 1 Customer Center branch of Defendant Gas Company, and Defendant E’s principal director of the Gangnam 1 Customer Center of the Defendant Gas Company. The Defendant claims collection agency is a company entrusted by the Defendant Gas Company with the collection of gas charges to the Plaintiff of the Defendant Gas Company on March 2, 2012. Defendant G is the representative director of the Defendant claims collection agency at the time, and Defendant H is the employee of the Defendant claims collection agency.

Pursuant to Article 20 of the Urban Gas Business Act, the main contents of urban gas supply regulations applicable to urban gas supply contracts between the Plaintiff and the Defendant gas company (hereinafter referred to as “instant supply regulations”) are as follows:

Article 9 (Observance of Contracts) (3) us shall collect penalty for any of the following unfair acts, and in the event that such act causes damage to gas stability accidents, etc., gas users shall assume the corresponding responsibilities:

3. Unauthorized Use without our approval: Article 16 (Examination) (1) of the monthly rent for the preceding year (the service of gas consumption inspection and charge notification shall be conducted by us on a monthly or on a fixed day per month, and when the gas user's consent is obtained, the person may conduct the inspection.

Article 18 (Calculation of Quantity Used) (1) us shall determine gas users' amount used for the relevant month according to the inspection of gas measuring instruments or greenhouse pressure correction devices under Article 11 of the Enforcement Decree of the Urban Gas Business Act, and the notification of the application of greenhouse pressure correction coefficient to ensure appropriateness in measuring the amount of gas supply" in the Seoul Special Metropolitan City Mayor.

(2) When it is impossible for gas users to conduct inspection due to their absence, the amount of monthly use or the amount of monthly use during the preceding year.