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(영문) 서울중앙지방법원 2015.06.26 2014가합20443

부당이득금 등

Text

1. Defendant B and C jointly share KRW 420,150,000 with respect to the Plaintiff, and the period from January 31, 2015 to the date of full payment.

Reasons

Basic Facts

The plaintiff is a non-corporate body or foundation operating alternative schools under the name of "forest school", and the defendant company is a company established for the purpose of educational service business, study-related business, and referral business of foreign lecturers.

The Plaintiff requested the Defendant company to red the Switzerland school located in the Switzerland, where the Defendant company can conduct English language training for the students of “forest or school” (hereinafter referred to as “Plaintiff students”).

Since then, on December 17, 2013, the Plaintiff introduced D Schools located in the Philippines from the Defendant Company, and 45 students from the Plaintiff Company receive language training from D Schools from December 23, 2013 to March 2, 2014, the Defendant Company entered into an agency contract for language training (hereinafter “instant agency contract”) with the content that the Plaintiff Company will take procedures for language training with the training cost of KRW 6 million per student.

In accordance with the instant agency contract from March 2013 to December 201 of the same year, the Plaintiff paid Defendant Company KRW 317,632,00 in total, including KRW 270,00,000 for language training fees, KRW 34,132,00 for airline tickets, and KRW 13,50,000 for visa extension costs.

Meanwhile, prior to the conclusion of the instant agency contract, the Defendant Company introduced the instant agency contract to the Plaintiff, and explained that “D schools are excellent schools to send the graduates of this school to the United States as an international school which is not a fish school, and have a dormitory in the third floor of the school. The three teachers of this school are 21 instructors who are all the students of the Republic of Korea from the Republic of Korea, and who will be in charge of this language training. D schools are legally permitted by the education authorities of the Republic of Korea.”

However, on December 23, 2013, the Plaintiff’s 45 students on the part of the Plaintiff arrive at “D Schools” located in the Philippines, unlike the description of the Defendant Company.