손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. The assertion and judgment
A. The Plaintiff’s assertion 1) E was a resident of a region in which international marriage is impossible, and in Vietnam, the Plaintiff was prohibited from engaging in international marriage brokerage for profit-making purposes. If the Defendant had known the Plaintiff of such information in advance, the Plaintiff would not enter into an international marriage brokerage contract with the Defendant. Moreover, the Defendant would deliver the Plaintiff a forged family register with a female E to the Plaintiff, and belongs to the Plaintiff by providing the Plaintiff with an unmarried family register, and the Defendant did not perform its duty to implement the brokerage contract by acting as a disguised E and international marriage brokerage as if he were married to Korea without a will to maintain a marital relationship, and by failing to perform the “actual marital life” by doing so. Accordingly, the Defendant is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to the aforementioned tort or nonperformance.
① The Defendant received 11,00,000 won for international marriage brokerage from the Plaintiff, and used 2,30,000,000 won for the total of 8,00,000 won for aviation among them, 1,00,000 won for wedding, and 5,00,000 won for hotel accommodation, and unjustly gained the remainder of 8,70,000 won.
② The Plaintiff spent KRW 3,80,000,000 in total, including the amount of KRW 8,000,000 for new father-child, and the amount of KRW 2,00,000 for new father-child illegal moving expenses, and KRW 1,00,000 for new father-child illegal moving expenses, due to the Defendant’s illegal international marriage brokerage.
③ Since the Plaintiff suffered considerable mental pain due to the Defendant’s illegal act, the Defendant shall pay consolation money of KRW 6,000,000 to the Plaintiff.
3. In addition, the Plaintiff transferred KRW 4,200,000 to the Defendant for money exchange before Vietnam, after being arranged for international marriage by the Defendant, but the Defendant transferred it to the Plaintiff.