계약금반환등
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
1. Basic facts
A. On April 7, 2014, the Defendant, who is engaged in the international marriage brokerage business in the name of “C,” entered into a contract between the Plaintiff and “C” with the effect that “the Defendant sets the Plaintiff’s international marriage brokerage cost of KRW 9.9 million, but the contract deposit of KRW 3 million is concluded, the remainder of KRW 6.9 million shall be paid within a week after a new departure from Korea, and the Defendant would provide the Plaintiff with the right to departure from China.” On the same day, the Plaintiff paid KRW 3 million to the Defendant as the down payment on the same day.
B. On April 7, 2014, the Plaintiff sent a line to D (D; hereinafter “D”) of Chinese nationality, which entered the Republic of Korea as the Defendant’s main agent, and the Plaintiff went to travel together with D and 1-day two days on the same day, and D returned to China on April 8, 2014 and did not enter Korea.
C. On April 7, 2014, the Plaintiff paid approximately KRW 5500 (one million) as a new gift expense to D on April 7, 2014.
On April 30, 2014, the Plaintiff paid to the Defendant the remainder of KRW 7 million under the instant contract (a balance of KRW 6,900,000,000,000) and KRW 10,000,000,000,000,000 for the introduction of new shares to be borne by D.
E. On October 8, 2014, the Plaintiff sent a written notification (hereinafter “instant written notification”) stating that “The Defendant would return the fee that the Plaintiff paid to the Plaintiff, as he/she was not married,” to the Defendant.
F. Meanwhile, at the time of the instant contract, matters not covered by the contract are to be based on the standard terms and conditions for international marriage brokerage (hereinafter “instant terms and conditions”). The details of the instant terms and conditions are as follows.
Article 3 of the standard terms and conditions for international marriage brokerage. (3) The term "international marriage event schedule" means that a business operator returns from the departure to the country of the other country of the international marriage to the Republic of Korea in order for a member to seek a spouse of a foreigner.