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(영문) 수원지방법원 2016.12.01 2016나7040
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 6, and Eul evidence 1 to 5.

From the beginning of 2013, the Defendant sent the Defendant’s children of the middle school at the time to E Private Teaching Institutes operated by D to attend the Korean language, English, and academic lectures, and C attended the E Private Teaching Institutes until October 23, 2014, even after entering a high school in 2014, and attended the lectures of each of the above subjects.

B. In 2013, D set the tuition fees for the Korean language, English, and academic subjects of EM at KRW 350,000 per month, and Defendant also operated cosmetics at the Silung City where the EM is located. The amount equivalent to 50% out of the tuition fees was discounted from the beginning of attending the EM on the ground that C was a member of the Federation of Silungsi Institutes, such as D, and accordingly, the Defendant paid D the tuition fees for KRW 175,00 per month (=350,000 x 50/100) to D in 2013.

C. D, in 2014, the tuition fees for the subjects of E Institute’s high class language, English, and English studies were set at KRW 500,000 per month, and C took lectures from January 2014.

On May 30, 2014, the Defendant paid KRW 800,000 as tuition fees in 2014, and KRW 800,000 as above, on September 2, 2014.

E. On February 25, 2015, D transferred D’s obligation to the Plaintiff for unpaid tuition fees to the Defendant. On the same day, D sent the notice of assignment to the Defendant by content-certified mail, which was served to the Defendant at that time.

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion is set at KRW 500,000 per month the tuition fees for the class of Korean language, English, and academic subjects at the high school in 2014 of the EA, but the Defendant paid a discount of the amount corresponding to 20% of the above tuition fees to D. As such, the Defendant from January 2014 to D on a monthly basis 400,000 =50,000 won x 80.

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