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1. Of the judgment of the court of first instance, the defendant shall pay to the plaintiff KRW 350,00 as well as to the amount from December 18, 2014 to October 13, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who runs the studio rental business or the lodging business under the trade name of “Dudio” in privatecheon-si C (hereinafter “Dudio in this case”).
B. From April 2014 to May 2, 201, the Defendant provided E with labor to mechanical facility works among F new construction works performed by E Company. From April 4, 2014 during the said construction period, the instant studio 205 located near the said construction site.
C. The monthly rent of the studio 205 is 3,50,000 won. There was no agreement between the Plaintiff and the Defendant to pay accommodation charges for the above studio 205 for the period of the studio 205.
[Grounds for recognition] Unsatisfy, the fact-finding results to E Co., Ltd. of this court, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, it is reasonable to view that the Plaintiff entered into a lodging contract between the Defendant and the Defendant on a rent of KRW 350,000,00 for the monthly rent from April 4, 2014.
Therefore, the Defendant is obligated to pay, from December 18, 2014, the following day after the delivery date of a copy of the complaint of this case sought by the Plaintiff for accommodation charges of KRW 350,000 under the above contract, to the Plaintiff, 5% per annum under the Civil Act until October 13, 2015, which is the date of the ruling of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. The Plaintiff asserts that the monthly rent was KRW 3.5 million between the Defendant and the Defendant, and that the studio 209,301 of this case was concluded between April 5, 2014, from April 10, 2014, from April 10, 2014, from April 15, 2014, and from April 15, 203, from April 15, 2014, the Plaintiff concluded a lodging contract between the Defendant and the Defendant. Therefore, the Plaintiff’s entries in the huds and evidence Nos. 1 through 3 alone are related to the Defendant.