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(영문) 서울중앙지방법원 2018.03.19 2017나23461
학비반환
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant is a corporation established for the purpose of arranging study abroad, vicariously providing services.

B. On February 28, 2015, the Plaintiff, as his mother, entered into a contract with the Defendant on the arrangement, agency, etc. of studying abroad (hereinafter “instant contract”) with the Defendant around February 28, 2015 to send C to the U.S. school located in the United States (hereinafter “instant contract”). In concluding the instant contract, the Plaintiff and the Defendant entered into the terms and conditions for participation in the program of U.S. F-1 Private ( Home Standards) (hereinafter “instant primary document”) as follows.

10. The total expenses for private exchange study ① The expenses for school tuition program (which include the expenses related to the US school and Home Standards, the expenses for the issuance of admission permits, and student management fees) are all the expenses for school tuition, insurance, personal money, book value, school uniforms, various school activities, occupation value, personal money, air fees, flight fees, non-self-employed, tax amount, personal communication expenses, and additional expenses from school (ESL expenses, etc.).

(2) The client shall pay the full amount of the application fee of USD 6,00 and the serial fee of USD 6,00, along with the receipt of the application for participation.

(3) In order to acquire an admission permit after the approval of admission, the remaining expenses shall be paid in full.

C. While the Defendant was in contact with several schools in the United States for studying in C, some of the terms of “B (State) the U.S. F-1 Private Study Program Agreement prepared by the Plaintiff and the Defendant around June 25, 2015 (hereinafter “instant secondary document”) are as follows.

Article 6. ① Expenses refers to the sum of the amounts calculated by adding the difference between USD 20,00 and USD 10,000,000.

② Various e paid to schools, such as the value of book, value of braille, club activity, Athmtic e, Testling e, etc. are separate.

(3) Aviation fees, insurance, and insurance.

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