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(영문) 부산지방법원 2016.06.10 2015나15174
손해배상(기)
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. Facts of recognition;

A. On September 27, 2013, the Plaintiff entered into a 12-month contract for infant care teachers training course with the Defendant (hereinafter “instant contract”) and paid the Defendant KRW 1,802,00 as tuition fees (90,000 per semester, total two semesters) to the Defendant.

B. From October 14, 2013, when the first semester began, the Plaintiff received lessons according to the instant lecture agreement. On November 13, 2013, the Plaintiff heard insulting remarks on the grounds that the Defendant’s representative C, who was in charge of lectures, did not bring about a textbook among the classes, and expressed his/her intent to terminate and voluntarily withdraw the instant lecture agreement to C on November 18, 2013.

C. According to the 2013 Guidelines for Child Care Business Guidance, which is the guidance of the Ministry of Health and Welfare, which is the supervisory agency for the training facilities for infant care teachers such as the Defendant, the standards of the attached Table of Article 6 of the Regulations on University Registration Fees (hereinafter “instant Rules”) shall apply mutatis mutandis to the removal, voluntary retirement, and the refund of enrollment fees to those who fall short of the hours of attendance at the training facilities for infant care teachers. The criteria for the refund of enrollment fees prescribed in the attached Table of Article 6(2) of the above Rules,

1. Where any ground for return arises by the day before the relevant semester begins (referring to the date of admission in cases of students for admission; hereinafter the same shall apply), the full amount of the registration already paid shall be refunded

2. Where any ground for refund arises after the commencement date of the relevant semester, the admission fees shall not be refunded, but the enrollment fees (excluding admission fees; hereafter the same shall apply in this subparagraph) shall be refunded in accordance with the following guidelines:

Provided, That where a school separately determines the method of collecting the registration fees pursuant to Article 4 (1) and pays the registration fees for at least two semesters at the same time, the registration fees for the semester to which the date on which the grounds for return occur belongs shall be returned in accordance with the following standards, and the registration fees for each semester shall be refunded in full.

The amount to be returned on the date of occurrence of the cause for return.

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