beta
(영문) 전주지방법원 2016.11.23 2015가단34552

손해배상(기)

Text

1. Defendant B Co., Ltd.: 20,700,000 won and 5% per annum from November 17, 2015 to November 23, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 5, 2014, the Plaintiff: (a) an employee in charge with Defendant B, an international marriage broker, is Defendant C; (b) the State eligible for international marriage is Uzbekistan; and (c) Defendant B entered into an international marriage contract with Defendant B with the terms that the Plaintiff shall pay KRW 17 million in total, on November 7, 2014, for the expenses incurred in international marriage mediation (14 million) and for brokerage commission (3 million won); and (d) the Plaintiff entered into an international marriage contract with the terms that KRW 30 million should be paid separately (hereinafter “instant brokerage contract”). < Amended by Act No. 1283, Oct. 5, 2014>

The terms and conditions applicable to the instant brokerage contract are as follows.

7 If an international marriage of a member is married to a member, the business entity shall ensure that a foreign spouse may enter Korea only with a member after consultation with the member (ordinary entry period) within a designated time limit (ordinary entry period) so that a foreign spouse may begin a real marriage life.

The entry period of a new father selected by a member may inevitably be delayed in accordance with the amendment or modification of Acts and subordinate statutes or procedures of a new father's territory chosen by the member or a new father's territory, or due to any defect in documents or procedures of a new father chosen by the member or a new member after marriage, and the business operator shall inform the member of the reasons for delaying entry

Article 7 (Duties of Members) A member shall pay the total expenses for international marriage brokerage as stated in the membership agreement (1) to a business operator within a given period. If a member fails to pay expenses within a given period, the business operator shall be deemed to reverse marriage and terminate the contract. In such cases, the member shall be deemed to have terminated the contract.