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(영문) 서울중앙지방법원 2019.10.11 2019나19855

수강료청구

Text

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 is a company that operates a specialized school for mutual study (hereinafter “A”), and the Defendant is the mother of C who was a student of the instant driving school.

B. On July 22, 2014, the Defendant visited the instant private teaching institute and consulted about C’s taking lectures at the private teaching institute. From July 23, 2014 to March 8, 2016, C participated in the subject of education at the private teaching institute of this case.

C. From July 23, 2014 to December 22, 2015, C’s tuition fees were fully paid by credit card in the name of the Defendant, and thereafter C’s tuition fees were unpaid. The unpaid details are as follows.

The unpaid tuition fees for a fixed term lecturer shall be KRW 1,429,500,00 in the aggregate of D 122,00 won on December 23, 2015 and D 122,00 won on December 31, 2016 through D 31, 201. D 610,000 won on October 1, 2016 and D 610,000 won on December 29, 2016 and 1,429,500 in the aggregate of KRW 87,500 on March 08, 203.

D. The Plaintiff’s staff F sent phone or text messages to the Defendant on several occasions.

Although the defendant claimed tuition fees for unpaid private teaching institutes as described in the paragraph, the defendant did not comply with it.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 7 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts, it is reasonable to view that the Defendant concluded a contract with the Plaintiff to attend a private teaching institute and allowed C to attend the course of study at the private teaching institute of this case. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 10, 2016 to the date of delivery of the copy of the complaint of this case to the date of full payment, as the Plaintiff delayed the payment of the unpaid tuition fees and the above unpaid tuition fees.

According to the statement of Eul Nos. 1 through 3, the defendant has divorced from Eul's husband on September 12, 2005, and at the time.