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(영문) 서울중앙지방법원 2020.10.30 2020나8219
용역대금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is the mother of D, and the Defendant is an individual (trade name: E) who manages the curriculum so that Korean students studying in the United States can enter the university located in the United States.

B. On June 12, 2017, the Plaintiff entered into a “consulting service contract” (hereinafter “instant consulting contract”) with the Defendant to provide D who was studying in the U.S. at the time to enter the U.S. university (a strategic learning plan formulation and process management, consulting and information transmission, etc. to prepare for entering the university) and “ graduate school book consulting services” (a consulting and information delivery, preparation of a single profiling, preparation of school selection and application for recommendation, preparation of letters of recommendation, learning on the preparation of LINVIW preparation work, preparation of application, etc.) by April 1, 2019. The Plaintiff paid to the Defendant KRW 58 million at the consulting cost in accordance with the instant consulting contract.

The following is the main contents of the instant consulting contract.

Contracts for student management and graduate school consulting services;

1. Service period: From the date of the payment of service costs to April 1, 2019

3. Obligations Clause - The defendant will faithfully provide consulting services for the preparation for strategic university admission of students.

- Students shall endeavor to maintain the highest grade and examination scores, and shall faithfully perform them in accordance with the Defendant’s instructions.

4. Termination of the contract - The defendant may terminate the contract if the student fails to comply with the direction faithfully.

- Students and their protectors may terminate the contract if the services provided by the Defendant are dissatisfied with complaints and objections, but no reflection is possible within 10 days.

8. Data and intellectual property rights - Students are entitled to use data on the results arising from the Defendant’s work without approval made in the Defendant’s document.

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