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(영문) 전주지방법원 2017.08.24 2017나1427

부당이득금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On March 2012, the Plaintiff was enrolled in D High School (hereinafter “instant school”) operated by Defendant Educational Foundation B (hereinafter “Defendant Educational Institute”) and graduated from February 2015, and Defendant C served as the principal of the instant school at the time.

B. On April 2013, when the Plaintiff was enrolled in the second grade of the instant school, the Plaintiff was promoting the transfer to a DNA High School located in Seoul, with his parents and students. Accordingly, the Plaintiff became aware of its intention to the school teachers, etc. of the instant case.

On the other hand, the plaintiff was scheduled to participate in the above competitions scheduled to be held on September 2013 after passing through the tugboats at the time.

C. At around that time, Defendant C heard the Plaintiff’s awareness of the Plaintiff’s transfer promotion lawsuit, and took care of the Plaintiff so that the Plaintiff could not transfer to another school at the school’s conference.

On June 2014, when the Plaintiff was enrolled in the third year of the instant school, the Plaintiff’s parent heard that the Plaintiff did not pay the unpaid amount from F, a teacher in charge of the instant school, and that the Plaintiff’s parent would not be paid the unpaid amount or issued a diploma. From that point, the Plaintiff paid KRW 18,893,000 in total to the Defendant’s private teaching institute during the second quarter of 2013, the first quarter of 2014, the second quarter of 2014, and the first quarter of 2014, and the first quarter of 2014 (tuition fees, school operation subsidies, special skills education expenses, school meal expenses, and dormitory expenses).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, testimony of witness G by the court of first instance, purport of whole pleadings

2. The assertion;

A. On May 2013, the Plaintiff received a proposal from Defendant C, who was the principal of the instant school, to grant exemption from all school expenses from the quarterly school expenses to the graduation thereof on February 2013, 2013, and accepted such proposal. Accordingly, an agreement was concluded between the Defendant Private Institutes and the Plaintiff on exemption from school expenses, etc.

(hereinafter “instant exemption agreement”). Nevertheless, Defendant C shall enter into the instant exemption agreement.