(영문) 광주지방법원 목포지원 2018.12.19 2018가단52403

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(영문) 광주지방법원 목포지원 2018.12.19 2018가단52403

차임 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff owned each household unit of the instant officetels C (hereinafter “the instant officetels”) and is an individual business entity other than H, which is deemed to be under the “E”. The Plaintiff is a person engaged in the lease business, etc. with the trade name of B.

B. On June 17, 2016, the Defendant entered into a subcontract with the F-limited company and G, Inc., with respect to interior works for the construction of a new apartment house with J ground-type I and the construction of a new apartment house with J ground-type K block.

(hereinafter the said new construction work is called the “instant construction,” and among them, the interior work is called the “the instant interior work.”

The employees belonging to the Defendant were living in some households of the instant officetels from January 20, 2016 to September 14, 2017 while performing the instant interior work.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. On January 2016, the Plaintiff asserted that the instant officetel was leased between the Defendant and the Defendant during the instant interior period, and entered into a lease agreement with the Defendant with the Plaintiff at KRW 400,000 per month during the instant interior period. However, upon the progress of the construction project, the rent was settled upon the completion of the construction project.

Accordingly, since the Plaintiff leased one to the Defendant from January 20, 2016 to September 14, 2017, the Plaintiff is obligated to pay the Plaintiff a total of KRW 5,255,000 and delay damages for the lease agreement.

B. The defendant's assertion is the inside director (the representative L is the plaintiff) of H, a company implementing company of the instant construction, and is the actual representative of the said company, and the defendant who performs interior works among the instant construction works.

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