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(영문) 서울중앙지방법원 2018.05.15 2017가단5106872
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 40,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount from January 1, 2017 to April 9, 2018.

Reasons

1. Facts of recognition;

A. On December 31, 2013, the Plaintiff, an instructor of the subject B, concluded a contract with the Defendant for three years.

B. Upon entering into the above contract, the Defendant paid advance payment of KRW 40 million to the Plaintiff, and entered into an additional agreement relating thereto.

The summary is as follows.

Article 3 (Reimbursement of Advance Payments): ① From the time of payment of tuition fees in March 2014 or from the time of payment of lecture fees in March 3, 2014; ② from the time of payment of lecture fees in March 2014; ② from the time of the above-mentioned subparagraph (1) to the time of payment of tuition fees in March 201, as follows:

A. The total amount exceeding the million won out of the tuition fees for a off-line driving school;

B. The sum of online lecture fees (3) as soon as advance payments are paid in full through subparagraph (2) above, A shall pay it to B in accordance with the criteria for the payment of tuition fees set out in this Agreement.

(4) If there is any outstanding amount by the expiration date of this contract, B shall repay in lump sum the outstanding amount at the time of termination.

Article 4 (Separate Criteria for Calculation of Fees for Instructors and Instructors) A shall pay only one course of study determined to be consulted or held at a private teaching institute for three years from the time of commencement of a lecture at a private teaching institute in this House, subject to withholding tax by applying 50,000 won at a City level (based on 1T 50 minutes).

provided that the rate-based rate of tuition fees under this contract shall be paid to the instructor fees to which the rate-based rate of tuition fees under this contract shall apply when the rate-based rate-based rate of tuition fees is to be imposed first;

(c).

On December 31, 2016, the foregoing advance payment was not repaid until the termination of the above contract.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, purport of the whole pleadings

2. We examine the principal lawsuit and the counterclaim together.

According to the above facts of recognition, the plaintiff is from January 1, 2017, which is the day following the end of the above advance payment of KRW 40 million, and from January 1, 2017 to April 9, 2018, which is the day of delivery of a copy of the counterclaim of this case, 6% per annum under the Commercial Act and from the following day to the day of full payment.

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