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1. Defendant B’s KRW 85,078,940 for the Plaintiff and KRW 5% per annum from March 11, 2016 to November 29, 2016.
Reasons
1. Basic facts
A. Defendant B is the president of the Korean Representative of the E-School, Defendant C is the representative of the Korean Representative of the F School, and Defendant D is the director of the Korean Representative of the F School.
B. The Defendants are operating an international school in the Philippines G (hereinafter “H international school”).
C. In order to admit children to H international schools, the Plaintiff remitted total of KRW 88,078,940,00 to the bank account in the name of the Plaintiff, which was designated by the Defendants, as well as KRW 14,67,840 on February 27, 2015, KRW 73,173,00 on March 5, 2015, and KRW 88,078,940 on March 11, 2015, and the Defendants returned KRW 3 million out of the said amount to the Plaintiff on May 31, 2015.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 and 2 (including provisional number attachment), the purport of the whole pleadings
2. Determination
A. 1) Defendant B and C, an international school that does not actually exist, which was authorized by the Ministry of Education in 2012, by deceiving the Plaintiff as a U.S. international school, and received 88,078,940 won from the Plaintiff, and agreed to return the said money to the Plaintiff upon knowing all the facts. Therefore, the said Defendants are obligated to pay the Plaintiff the amount of KRW 85,078,940 which was not yet returned out of the above study expenses, and the damages for delay thereof. 2) The Plaintiff caused physical and mental damage due to the deception by the Defendants’ act of deception, and the Defendants are jointly obligated to pay the Plaintiff the damages amounting to KRW 10,00,000 due to the tort and the damages for delay.
B. 1) Determination as to the claim for the agreed amount against Defendant B is based on the evidence Nos. 13 and 14 as to the claim against Defendant B. The following facts can be acknowledged.
① On April 13, 2015, Defendant B prepared and delivered to the Plaintiff a letter of undertaking that “the Defendant jointly pays KRW 88,078,940 to the Plaintiff by May 13, 2015,” and the said letter of undertaking bears the Defendant B’s seal.