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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 36,929,806 and KRW 7,692,864 from June 17, 2017, and KRW 14,618.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person operating E-school F (F; hereinafter “Plaintiff school”) located in Jeju Special Self-Governing Province, and Defendant C is a father of the said G, who was admitted to the Plaintiff’s school on April 5, 2012, and Defendant D is the mother of the said G.
Defendant C prepared a written consent for admission for minor G at the time of entering the Plaintiff’s school.
B. The Plaintiff was not paid the first installment of G in 2017-2018 (tuition up to June 16, 2017), USD 6,592 in the first installment (up to June 16, 2017), USD 3,296 in the second installment, and KRW 10,772,039 in the second installment (up to November 10, 2017), USD 3,296 in the third installment, and KRW 10,72,039 in the won (up to February 9, 2018), and the overdue interest rate on each of the above amounts is 1.5% in the second installment.
C. Meanwhile, on the other hand, the Defendants prepared a “plan for the repayment of unpaid tuition fees, etc.” (hereinafter “instant repayment plan”) to the effect that the Defendants would pay the unpaid tuition fees in the first installment from June 17, 2017, the second installment from December 16, 2017, and the third installment from February 24, 2018, including the overdue interests from February 24, 2018, and issued it to the Plaintiff with the certificate of personal seal impression issued by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2, 3 and 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the claim against Defendant C, Defendant C, as a father of G, has prepared a written consent for admission of the Plaintiff’s school, failed to pay G tuition fees (tuition). Defendant C is obligated to pay the unpaid tuition fees and damages for delay to the Plaintiff.
However, where a creditor claims foreign currency claims which are monetary claims designated in a foreign currency into Korean currency by exercising his/her right to substitute benefit, the court orders the debtor to perform the claim at the time of closing argument of the fact-finding court which is most close to the debtor's performance.