beta
Text
1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. Facts of premise;
A. The Plaintiff entered into a contract to attract students of the Republic of Korea with the Spanish club, and C married with the Defendant, but divorced from the Defendant under the status of D and E, whose children were married with the Defendant.
On November 7, 2001, the divorce judgment was concluded. (B)
Since then, C, upon agreement with the Plaintiff on April 4, 201, provided that C, upon paying the Plaintiff a monthly fee for studying the D and E Spanish club, the Plaintiff would send the remainder after deducting the Plaintiff’s fee.
C. A written financial guarantee necessary for D and E’s Spanish study visa (which is not used as evidence for the contract of the Plaintiff alleged in Gap 1, but is used as evidence for what is the contents indicated in the written financial guarantee document, and thus is irrelevant to the forgery of the signature and seal on the part of the Defendant) refers to the purport that C and the Defendant guarantee all the expenses incurred in Spanish, such as study expenses necessary for the period of study in Spanish and E’s Spanish language training.
However, C did not transfer to the Plaintiff the sum of KRW 10,800,000 (per month x 2,700,000 per person x 2 months) of the expenses for studying abroad in July and August 2012, and the Plaintiff first paid KRW 10,80,000 to the Spanish club.
E. Meanwhile, D and E discontinued discontinued study in Spanish around September 15, 2012 and returned to the Republic of Korea. On October 9, 2012, the payment order issued on November 6, 2012 was finalized on the following grounds: (a) the Plaintiff requested for payment order against C only the above KRW 10,800,000 against C.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-2, Eul evidence 13 and 14, the purport of the whole pleadings
2. Determination
A. (1) The plaintiff first entered into a contract with the defendant to bear the expenses incurred in studying in D and E Spanish storage in the same manner as the defendant C (no difference exists in the contract). The plaintiff paid the expenses incurred in studying in lieu of the plaintiff 10,800.