Students sign up for taekwondo training, and when the taekwondo gym is closed and cancelled, resulting in the inability to complete the training and exam, the student's parents ask the taekwondo gym to refund and compensate, and finally can they successfully refund and get compensation?
Take a look at the case studies in this issue!
On July 7, 2020, plaintiff Feng signed up for taekwondo training for his son Xiao Ming, and on July 7, 2020, he handed over a three-year deposit of 4,880 yuan to a taekwondo gym in Yuelu District, Changsha City"The deposit of 4,880 yuan for the three-year card is 4,880 yuan, and the balance of 10,000 yuan is paid at the end of July, this card guarantees 100% passing the Chinese taekwondo blue belt examination, giving three sets of uniforms, and the package will be at the level of blue belt within three years. ”
On July 26, 2020, Feng paid a training fee of 10,050 yuan to a taekwondo gym in Yuelu District, Changsha City. Xiao Ming received taekwondo training at a gym in Wangcheng District, Changsha City. He passed the White and Yellow Belt exam in October 2020 and the Yellow Belt exam in April 2021.
Around August 2022, a gym in Wangcheng District, Changsha City, was closed and stopped providing training services. It has not yet been opened.
Feng believes that the defendant is a taekwondo gym in Yuelu District, Changsha CityFailure to complete the agreed rank level trainingThe plaintiff was also closed and contact was lost without refunding the training fees, in violation of the contract, infringing on the plaintiff's legitimate rights and interests, and requesting the court to order the defendant to refund the plaintiff's education and training fees of 14,930 yuan and compensate for the contract loss of 2,580 yuan.
Defendant Yang Mouping argued that he was not a qualified defendant in this case. The campus involved in the case is an independent entity, and it is not a contractual counterparty and does not hold an office in the campus；The campus jointly established by multiple partners of the campus involved in the case is an independent operating entity, and it is not the initiator of the library, and the POS machine with the name registered is used by the campus for collection and paymentAfter the closure of the campus in question, the contractual relationship between the two parties was terminated, and the campus in question should refund the fees corresponding to the uncompleted class hours to the plaintiff. Xiao Ming started receiving services on July 7, 2020, and the campus has not provided services until August 2022, he has completed two-thirds of the service cycle, and he believes that he has participated in part of the promotion exam, and the refundable fee should be calculated at one-third of the actual training fee paid. The plaintiff's claim for a refund of all costs and compensation for losses has no factual or legal basis.
After trial, the court held thatThis case is a dispute over an education and training contract. The plaintiff paid the training fee to a taekwondo gym in Yuelu District, Changsha City, which was operated by the defendant, for Xiao Ming's taekwondo training, and the contents stated in the remarks column of the receipt issued by the gym belonged to the content of the contract between the two parties. Later, a gym in Wangcheng District, Changsha City, operated by the defendant, provided some training services for Xiao MingThe contractual relationship between the parties is established and valid.
On the issue of the determination of Yang Mouping's qualification as the subject of litigation. Feng paid training fees to a taekwondo gym in Yuelu District, Changsha City, and Xiao Ming received training at a gym in Wangcheng District, Changsha City as agreedIndividually-owned businesses, the operators are all defendant Yang Mouping. Both museums have been deregistered. Yang Mouping, as the registered operator of the two museums, shall bear the civil rights and obligations arising from the two museums in accordance with the lawHe is a qualified defendant in this case.
Determination of breach of contract and liability. According to the agreement stated in the remarks column of the receipt of the collection involved in the caseThis card guarantees 100% passing the Chinese Taekwondo Blue Ribbon exam, because the defendant had closed the venue around August 2022 and ceased to provide training services, resulting in the plaintiff's contractual purposeThat is, the promotion to the Blue Ribbon rank cannot be achieved, which constitutes a breach of contract。Because the venue operated by the defendant has been deregistered, it is objectively impossible for the defendant to continue to perform its contractual obligationsIn essence, the defendant indicated by his own conduct that he had unilaterally terminated the contract. The defendant shall be liable for breach of contract for the refund of the training fee. However, considering that the defendant had actually provided some training services, Xiao Ming had been promoted to the yellow belt rankBased on the actual circumstances of the case, the court ruled that Mouping should refund Feng's training fee of 9,900 yuan.
Article 465 of the Civil Code of the People's Republic of China stipulates: "Contracts established in accordance with law shall be protected by law. Article 577 stipulates: "If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." ”
In this case, although a taekwondo gym in Yuelu District, Changsha City, and a gym in Wangcheng District, Changsha City, have both been deregistered, Yang Mouping, as the registered operator of the two gyms, does not affect his qualifications as a defendant and the civil liability he should bear. The contract loss of RMB 2,580 claimed by the plaintiff was a gift of a Cordon Bleu training camp worth RMB 2,580 by the defendant as stipulated in the contract between the two parties (at its own expense), and was not a property loss caused by the defendant's breach of contract, and the court did not support it in accordance with law.
*: Shaodong Municipal People's Court
Author: Hou Zan
Edit: White.
Without adoption, can a girl obtain the right to the distribution of the "adoptive father's" estate?The court has decided!
The victim is engaged in multiple jobs, how to determine the standard of lost time pay in a traffic accident?The court has decided!
Migrant workers have been owed wages for five years, can they still get them back without an IOU?The court has decided!
Punched in for more than 180 consecutive days and was rejected for withdrawal, and the "0 yuan enjoy" was said to be in vainThe court has decided!
The first case in the country!Provide judicial assistance to women and children in difficulty in handling personal safety protection order cases.