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(영문) 부산지방법원 2019.12.20 2019나3186

손해배상(기)

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

(2) On July 2017, 2017, the first police officer explained the “F Program” operated by the Defendant (it refers to a study program for the purpose of entering G University H Campus in the United States) and decided to prepare D’s U.S. study by registering the F Program in the said F Program.

C. Accordingly, from August 1, 2017 to March 30, 2018, the Plaintiff paid a total of KRW 16 million to the Defendant for four times as the F program registration fee, and D also completed a debate English course designated by the Defendant for ten months from August 1, 2017 to May 2018. On April 24, 2018, the Defendant prepared and provided the Plaintiff and D with “F program registration certificate” as follows:

(A) The Certificate No. 5, hereinafter referred to as "the Certificate No. 5, hereinafter). The Certificate of this case * The Students confirm that they have been registered in the F Program as follows.

* I confirm that your student will enter the semester in January 2019.

* Of the registration fees, 5 million won is confirmed to be used as management expenses before and after admission, 11 million won is to be used as educational expenses.

* The education period is confirmed to be from the time of registration to the time of departure.

* If the education is discontinued due to unavoidable reasons, the educational expenses are refunded in accordance with the refund provision of the educational expenses.

(Provided, That the admission management fees shall be excluded from the refund)

D. On June 6, 2018, the Plaintiff drafted a “F Admission Stenographic Contract” (No. 1; hereinafter “instant underwater contract”) with the Defendant. At the Defendant’s request, the Plaintiff drafted “personal information utilization and consent form” (Evidence No. 2) necessary to act as an agent for studying abroad, to grant admission permission, etc. (hereinafter “instant underwater contract”).

The main contents of the underwater contract of this case are as follows.

The purpose of this agreement is to prescribe the rights and obligations to be observed to enter G University H Campus among the persons who have registered in the International Institute for the Settlement of Disputes and the F Programs.

§ 1. Services.