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1. The Defendant’s KRW 38,649,690 and KRW 34,839,120 among the Plaintiff and KRW 34,839,120 from September 17, 2015, and KRW 3,810,570.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity that provides the welfare services for the disabled and the elderly, and operates a medical care institution that is Gangwon-do Village (hereinafter “instant medical care center”).
B. On March 20, 2009, the Plaintiff entered into a contract with the Defendant and the father B of the Defendant for the use of the instant medical care center (hereinafter “instant contract”) and B entered the instant medical care center on the same day and lives in the said medical care center up to the day.
C. According to the instant contract, facility visitors are required to pay their own charges, food materials charges, and special meal expenses (liver food expenses). In particular, Article 8 provides that “B or the Defendant shall pay the instant medical care center usage charges to the Plaintiff’s account designated by the fifth day of the following month.” The Defendant, the legal representative of the facility visitors, bears the facility usage charges.
From June 2009, Defendant and B did not pay a total of KRW 38,649,690 to the medical care center of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 5, 2016 to the day following the day on which the copy of the instant complaint is served, as the Plaintiff seeks with respect to KRW 34,839,120 among the costs and KRW 34,839,120, which are the day following the day on which the copy of the instant complaint is served, as the Plaintiff seeks, with respect to KRW 3,810,570, which is the day following the day on which the copy of the application for modification of the purport of the instant claim was served.
3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.