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1. The Defendants jointly share KRW 33,220,00 with respect to the Plaintiff and KRW 5% per annum from May 2, 2013 to August 7, 2013.
Reasons
1. Judgment on the plaintiff's claim
A. (i) The Plaintiff operates the “D Taekwondo hall” at his domicile, and the Defendants, as a penalty, operate “E” established for the operation of Taekwondo painting, overseas cultural exchanges, and Taekwondo demonstration.
B. On August 2012, the Plaintiff agreed, at the request of the Defendants, that the students of the Taekwondo ground operated by the Plaintiff take a tour of the three cities of the United States (LA, Recesss, and Manas) of the Republic of Korea, and that the travel expenses following the tour of the three cities of the United States (LA, Extraordinarys, and Manas) of the Republic of Korea are KRW 2750,000 per capita, KRW 2750,000 per capita, KRW 2950,000 for over 12 years of age, and the date of the travel
(hereinafter “instant travel contract”). According to this, the sum of travel expenses for 14 participants recruited by the Plaintiff is KRW 42,50,000.
Article 22(1) of the Act provides that “The Plaintiff shall pay the Defendants KRW 33,220,000,000, in total, from September 7, 2012 to May 2, 2013, for the performance of the instant travel contract.”
However, until May 2013, the Defendants did not notify the Plaintiff of the specific schedule of the above overseas Taekwondo pilot trip, and did not take any particular measures to determine the schedule of the reservation at accommodation or the Taekwondo pilot event in the U.S., in addition to the promise of the return flight ticket (in Incheon - Maro LA route, the Defendants recruited eight model participants separately from the Plaintiff) to 25 persons around April 2013.
(1) Defendant B stated to the effect that part of the money deposited by the Plaintiff in the relevant criminal case was used as expenses, etc. for the participants in the U.S. pilot travel recruited by the Plaintiff, and in addition, the portion of the money deposited by the Plaintiff was used for the purpose of living expenses, etc.). Defendant B expressed to the effect that the Plaintiff was unable to perform the instant travel contract on May 12, 2013 on the grounds that the Plaintiff did not pay the remainder of the travel expenses.