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Gwangju Legal Consultation, Favorable Outcome | A Case of Succeeding in the Full Refund of Study-Abroad Fees After a Legal Consultation with Daeryun's Gwangju Office

After conducting a Gwangju legal consultation, Daeryun's Gwangju office assisted a client who sought to file a lawsuit for the return of the contract fee against a study-abroad agency, and as a result succeeded in obtaining a full refund of the study-abroad fees.

1. The Client Who Came for a Gwangju Legal Consultation

The client who applied for a Gwangju legal consultation came to Daeryun's Gwangju office, stating that the company engaged for the son's study abroad had breached its contractual obligations.

Assessing the Situation Through the Gwangju Legal Consultation

Gwangju Legal Consultation - Return of the Down Payment
Clicking the image above lets you review information about the rescission of a contract.

The client's case, as assessed through the Gwangju legal consultation, was as follows.

In order to send the son to study abroad in Germany, the client entered into a study-abroad contract with Company A, a company handling the administration of study-abroad programs, by paying a contract fee of about 20 million won.

About six months after the son went abroad to study, the client received a telephone call from Company A.

The substance of the call was that the son's attitude at the school he was currently attending in Germany was very poor and that he was extremely unstable emotionally, so he could not complete the study-abroad program and a prompt return home was necessary.

The alarmed client checked the facts with the son, who denied that any such thing had happened, but Company A continued to urge an early return home, insisting that the son was in a seriously unstable condition.

In the end, the client's son returned home without finishing the study-abroad program, and the client wished to argue the failure to perform contractual obligations against Company A and to proceed with a lawsuit for the return of the contract fee.

Seeking legal assistance in this process, the client looked for a damages attorney in Gwangju and came to have a legal consultation at Daeryun's Gwangju office.

Relevant Statutes Explained in the Gwangju Legal Consultation

In the Gwangju legal consultation, the client was given an explanation of the statutes relevant to asserting 🔗rescission of a contract.

As in the client's situation, a contract may be rescinded on the ground of the other party's failure to perform its obligations, and through this the contract fee can be recovered.

▣ Civil Act, Article 543 (Right of Termination and Rescission)
① If, by contract or by provision of law, one or both of the parties have the right of termination or rescission, such termination or rescission shall be effected by a declaration of intent to the other party.
② The declaration of intent referred to in the preceding paragraph may not be withdrawn.

▣ Civil Act, Article 548 (Effect of Rescission and the Obligation of Restitution)

① When one of the parties has rescinded a contract, each party is under an obligation to restore the other party to its original position. However, this shall not prejudice the rights of third parties.
② In the case of the preceding paragraph, interest shall be added to any money to be returned, calculated from the date of its receipt.

Where impossibility of performance has arisen, rescission of the entire contract is possible only where the purpose of the contract cannot be achieved by performance of the remaining part alone; otherwise, rescission of the contract is possible only with respect to the part rendered impossible to perform.

- See Supreme Court, Decision of February 9, 1996, 94Da57817

2. The Gwangju Legal Consultation's Assistance Toward the Return of the Contract Fee

Having assessed the client's case through the Gwangju legal consultation, the firm concluded that, by vigorously asserting Company A's breach of its contractual obligations, the full contract fee could be recovered.

Daeryun's Gwangju office gathered the relevant evidence and argued to the court as follows.

Gwangju Legal Consultation, Reviewing the Terms of the Contract

According to the study-abroad contract that Company A and the client entered into, the following obligation of Company A was included.

[Duty of Prior Notice] With respect to matters concerning the operation of this program that may affect the applicant, Company A shall promptly notify the applicant of the relevant content.

The attorney argued that enabling the applicant to promptly ascertain the content at issue and to prepare for the effects that might result therefrom falls within this duty to explain.

Gwangju Legal Consultation, Argument on the Defendant's Breach of Contractual Obligations

Despite having a contractual duty to explain, Company A conveyed the content to the client only by telephone, without specific materials, and thereby deprived the client of any opportunity to verify the facts or to respond.

Because the very purpose of the contract could not be achieved as a result, the attorney argued for a full refund of the contract fee through rescission of the contract.

3. Succeeding in the Full Refund of the Contract Fee Through the Gwangju Legal Consultation

The client, who pursued the damages lawsuit through the Gwangju legal consultation, was able to recover the full 20 million won or so paid as the contract fee by meticulously establishing the breach of contractual obligations on the basis of the terms of the contract entered into with Company A.

Recovering a Down Payment Through Rescission of a Contract Is Less Straightforward Than Expected

When one party breaches its contractual obligations and the contract is rescinded, people often assume that recovering the down payment or damages will be easy.

The amount that can be recovered varies according to the terms of the contract, and specific, objective proof of the breach is required, so it is advantageous to obtain the legal assistance of an attorney with extensive experience in such cases.

Daeryun LLC has handled numerous contract-related cases, including return of down payments and damages litigation, in which favorable judgments were obtained.

If you need assistance in this area, please visit the Daeryun LLC 🔗Gwangju Office to request a legal consultation at any time.

광주법률상담 승소 | 대륜 광주사무소와 법률상담 받아 유학비 전액 반환에 성공한 사례

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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