Text
1. The defendant shall be the plaintiff.
(a) KRW 25,794,300 and interest rate of KRW 15% per annum from November 27, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On March 9, 1990, the Plaintiff was a corporation established for efficient management, etc. of the C Complex, and was entrusted by the Daegu Metropolitan City with the management of Dgymnasium, etc. (hereinafter “instant gymnasiums”).
B. The sports center of this case has 15 calendars, and the user fees are as follows.
20,000 won at night of 220,000 won at night of 220,000 won at night of 220,000 won at night of 150,000 won at night of 220,000 won during holidays, and on holidays, 150,000 won at night of 220,000 won during holidays, which is classified on and after July 2018, 201.
C. From February 2017 to September 2017, the Defendant obtained permission for use from the Plaintiff, and used the instant gymnasiums.
However, from October 2017 to October 2018, the defendant used the above ship's cot as stated in the status of use in attached Table 3 without obtaining permission from the plaintiff, and even thereafter, used the above ship's cot without obtaining permission from the plaintiff.
Meanwhile, the Defendant kept the goods listed in the attached list 4 in the seminars room of the instant sports center, and the Plaintiff requested the removal of the above goods on October 2017, but did not comply therewith.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, 11 through 15 (including each number, hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The gist of the Plaintiff’s assertion 1) The Defendant used the instant sports center’s boom as indicated in the current status of use, as shown in attached Table 3, without obtaining permission from the Plaintiff from October 2017 to October 2018. As such, the Defendant is obligated to pay the Plaintiff the sum of the usage fees from October 2017 to October 2018, the Defendant paid KRW 26,117,200 to the Plaintiff, and the said boom is not used without the Plaintiff’s permission. 2) The Defendant kept the goods listed in attached Table 4 at the seminar room of the instant sports center, and the Plaintiff kept the goods listed in attached Table 4 on October 2017.