손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The Defendants are jointly and severally liable to the Plaintiff for KRW 10,797,590.
1. Basic facts
A. The Plaintiff is engaged in the mobile phone sales business, and the Defendants were engaged in the international marriage brokerage business without being registered with the competent authority while running the restaurant.
B. On December 22, 2013, the Plaintiff filed a marriage report in Korea on February 27, 2014 with F of Vietnam’s nationality as a broker of the Defendants.
The Defendants filed an entry visa with F on April 10, 2014, and F entered the Republic of Korea on June 29, 2014.
C. On September 2014, the Plaintiff deemed that F had no intention to engage in a marital life any longer, while suffering from a continuous fire with F, and that F had no intention to engage in a marital life on November 14, 2014.
Meanwhile, Article 9-5 of the Enforcement Rule of the Immigration Control Act (hereinafter “instant Rule”) was amended on October 10, 2013 as follows, and was enforced on April 1, 2014.
Article 9-5 (Standards, etc. for Issuance of Visas for Marriage Purpose) (1) The head of a diplomatic mission abroad in receipt of an application for a visa for marriage stay pursuant to Article 9-4 (1) may examine and verify the following requirements for a foreigner who has applied for a visa and his/her invitation, in addition to the subparagraphs (excluding subparagraph 5) of Article 9-2, in order to determine the authenticity of marriage and the possibility of normal marriage life:
Provided, That where the Minister of Justice determines, such as cases where a child born between the inviter and the person who received the invitation exists, he/she may be exempted from the examination on part of the following requirements:
3. Whether the inviter has invited another spouse within the last five years;
E. The Ministry of Justice, prior to the enforcement of the instant rule, announced the following review criteria.
If the invitation (Korean spouse) has invited another foreigner's spouse for the purpose of marriage stay within five years before the base date of the application for visa, the invitation is restricted.
The number of invitations is to minimize the disadvantage of the executing party following the change of the examination criteria.