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1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) amounting to KRW 2,123,92.
Reasons
1. Determination on the main claim
A. The Plaintiffs’ judgment as to the cause of the claim provided lectures to the students at the E-private teaching institute (hereinafter “Defendant-private teaching institute”) from December 2, 2012 to May 31, 2013. However, Plaintiff A is obligated to pay the Plaintiff’s tuition fees of KRW 2,031,520, and KRW 520,246, Plaintiff B, and Plaintiff C’s tuition fees of KRW 2,355,030, which are the due date, on June 10, 2013, since there is no dispute between the parties. Thus, the Defendant is obligated to pay the Plaintiff’s tuition fees and damages for delay, barring special circumstances.
B. As to the Defendant’s assertion, the Defendant did not receive tuition fees on May 201, 2013 from AG and AH who attended the Defendant’s educational institute. However, the Defendant asserted that the Plaintiff’s total tuition fees were offset against the Plaintiff’s claim for return of unjust enrichment against the Plaintiff’s claim for return of tuition fees.
Therefore, the following facts are established: (a) 55% of the tuition fees for high school students; (b) 35% of the tuition fees for middle school students; (c) 50% of the tuition fees for high school students; and (d) 280,000 won of the tuition fees are agreed with the Defendant to receive each distribution from the Defendant; (b) AG, as a high school student, listen to the Plaintiff’s English class; (c) 280,000 won of the tuition fees; and (d) Plaintiff AH paid 280,000 won of the tuition fees to the said Plaintiffs; (b) Plaintiff C, as a middle school student, listen to the English class and paid the tuition fees to the Plaintiff; and (c) each of the above tuition fees is paid to the Plaintiffs on May 2013, 2013. Therefore, there is no dispute between the parties concerned.
Therefore, Plaintiff A is obligated to refund Plaintiff A’s KRW 126,00 (i.e., AG English tuition fees of KRW 280,000 x Defendant’s private teaching institute distribution rate of KRW 45%) and Plaintiff C’s KRW 322,00 [AG English tuition fees of KRW 280,00 x Defendant’s private teaching institute distribution rate of KRW 50,00 (AH English tuition fees of KRW 280,00 x Defendant’s private teaching institute distribution rate of KRW
However, each of the above.