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(영문) 대구지방법원 2020.12.16 2020나309980
기타(금전)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The plaintiff is a person who operates Taekwondo painting in the trade name of Gyeongbuk-gun.

The defendant is a person who has registered minor children and received education on the painting of the plaintiff's operation as follows.

On January 16, 2017, the defendant registered E, a child, and on May 22, 2017, F, a child, in the seal of the plaintiff's management, and participated in the training program, such as Taekwondo and painting.

Meanwhile, as of November 30, 2019, the following day after November 29, 2019, the Defendant finally paid the Plaintiff’s educational expenses to the Plaintiff, the sum of KRW 2,420,000 (hereinafter “instant educational expenses, etc.”) out of the educational expenses and camping expenses incurred by the Plaintiff’s participation in various competitions, is unpaid.

On February 18, 2020, the Plaintiff paid the instant educational expenses, etc. to the Defendant until February 28, 2020, and sent a certificate of content to the effect that the Plaintiff would take legal measures at the time of default. The content certification reached the Defendant around that time.

[Ground of recognition] In the absence of dispute, as seen in the facts of recognition as above, the statements in Gap evidence 1 through 6-1, 2-2, and the purport of the whole pleadings, it is reasonable to view that the defendant's act of preparing an application for admission and having the minor children registered in the plaintiff's painting was an agreement to bear the plaintiff's educational expenses.

Therefore, the defendant is 2,420,00 won in total and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 1, 2020 to May 7, 2020, which is the day following the due date for repayment to be deemed that the plaintiff had postponed the due date to the defendant in accordance with the above content certification, since the date of completion of education, etc. on the aggregate of 2,420,000 won in this case as well as the date of completion of education, etc. under the above agreement.

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