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(영문) 서울중앙지방법원 2018.01.24 2017나37385
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. In the first instance court, the Plaintiff claimed the payment of consulting fees, application amount, actual expenses, tuition fees, and damages, and the first instance court rejected the claim for damages, citing consulting fees, application amount, actual expenses, and tuition fees.

As the defendant appealed on the part other than the principal of tuition, the subject of the judgment of this court is limited to the consultation payment, the application cost, and the payment claim of tuition fees.

2. Facts of recognition;

A. Around December 30, 2014, the Plaintiff engaged in study consulting business entered into a contract between the Defendant and the Defendant to provide attached services to USD 7,000 for entering the U.S. school of B, the Defendant’s son.

(hereinafter “instant contract”). The term of the contract is from December 30, 2014 to May 30, 2015, and USD 3,500, which is 1/2 of the price, shall be paid until December 30, 2014, and the remainder shall be paid until January 30, 2015.

B. The Plaintiff prepared to enter a U.S. school and received an admission application from the schools.

B, from February 19, 2015 to February 25, 2015, accompanied with the defendant couple, showed a interview in six schools according to the direction of the plaintiff in the United States, and entered one of several schools after obtaining admission permission from several schools.

C. The Plaintiff and the Defendant paid USD 8,500 and the tuition fees of USD 8,500 and B separately from the contract of this case at the interview expense, such as accommodation, movement, interview accompanying and support in the United States.

On January 2, 2015, the Defendant paid KRW 3,899,700 in Korean won to the Plaintiff for USD 1/2 of the instant contract amount. By February 17, 2015, the Defendant paid the amount calculated by converting USD 8,500 in Korean won for interviewing expenses by February 17, 2015, and the tuition fees for January 2015. However, the remainder of the contract amount and the tuition fees for USD 1,93,00 in Korean won for February 2015 were not paid.

E. The Plaintiff’s remainder on March 10, 2015 to the Defendant.

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