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(영문) 대구지방법원 2019.04.03 2018나311539
사용료
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff operated a bath on the three floor of the F building owned by the Plaintiff’s parents (D, E) in Daegu-gu C, and a bath in the name of G bath in the fourth floor.

B. On December 14, 2015, the Defendant entered into a contract with the Plaintiff’s parent, a building owner, to lease the health house at KRW 24 months from December 1, 2015 and KRW 3 million from the rent month (hereinafter “instant lease contract”).

C. In addition, the Defendant concluded a contract on the use of bathing rooms with the Plaintiff, which is a bath business owner (hereinafter “instant contract”) with the following terms (hereinafter “instant contract”).

1. Terms and conditions of the contract - the use of a fitness room and bathing facility - the term of the contract: 24 months from December 1, 2015 to November 30, 2017 - the term of the contract: 100 effective members enter the base date for 20 days - the contract amount: 2 million won (excluding surtax);

2. G bath members shall be permitted to use bathing rooms and bathing facilities from sunrise to Saturday;

6. If the number of members after the contract exceeds 150, the cost of providing the service shall be re-consulted.

Since then, 129 in January 2016, 164 in February 2016, and 178 in March 2016.

E. The Plaintiff demanded that the Defendant limit the position of the members in excess of 100 originally agreed upon or added the fee for bath use, while the Plaintiff considered that the number of employees in the health room using the bathing room exceeded 100 per month and the number of employees in the health room per capita increased, even though they did not pay additional fee.

F. On March 30, 2016, the Plaintiff notified the Defendant that he would refuse to use a bath without accepting such demand. The door of a bath was closed on the ground of repair.

G. The defendant filed a complaint against the plaintiff, and the plaintiff is not obliged to pay the user fee for bath.

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