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(영문) 춘천지방법원 2018.01.30 2017구합50889

교습비조정명령 등 취소 청구의 소

Text

1. On May 22, 2017, the Defendant’s order of adjustment of each tuition fee issued to the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From April 5, 2016, Plaintiff A established and operated the D reading room in the first and sixth floors in the Seoul Special Metropolitan City, and Plaintiff B established and operated the F reading room in the first and fifth floors from January 4, 2016.

B. On March 30, 2017, Plaintiff A filed an application for registration of change of a private teaching institute (change of tuition fees) with the content of changing the daily tuition fees from 7,000 to 11,000 won, monthly tuition fees from 130,000 won, monthly tuition fees from 130,000 won, and KRW 170,000 in the case of an individual room.

C. On May 22, 2017, the Defendant issued an order to adjust the tuition fees to 7,000 won per day pursuant to Article 15(6) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) and Article 17-2(1) of the Enforcement Decree of the Private Teaching Institutes Act on the ground that the tuition fees applied by the Plaintiffs to the Plaintiffs exceed the standard amount of the tuition fees for the reading room at the time of the original teaching place (hereinafter “instant disposition”).

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 6 (including branch numbers, if any); hereinafter the same shall apply)

(ii) Eul evidence of Nos. 1, 3, 4, and 7, and the purport of the whole pleadings

2. Whether each disposition of this case is legitimate;

A. The tuition fees requested by the plaintiffs (1.50,00 won per month) are more or less than 14,000 won per month (D Reading Office: 136,100 won per month, and F Reading Office: 159,850 won per month) than the appropriate tuition fees calculated by the defendant (hereinafter referred to as the "D Reading Office"), and in light of the fact that the plaintiffs' faithfully operated the D Reading Office, the tuition fees applied by the plaintiffs cannot be deemed to be excessive.

Nevertheless, each disposition of this case rendered on the ground that the tuition fees applied by the plaintiffs are excessive is unlawful.

(b) as shown in Appendix 1 of the relevant regulations;

C. The evidence and evidence stated earlier, as well as evidence No. 2, and the purport of the whole pleadings.