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(영문) 서울중앙지방법원 2019.05.16 2018가단5018446

손해배상(기)

Text

1. Defendant C Co., Ltd.: (a) KRW 21,886,661 for the Plaintiff and 5% per annum from February 9, 2018 to May 16, 2019; and (b)

Reasons

1. Basic facts

A. On May 25, 2016, the Plaintiff entered into a contract with Defendant C Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Defendant Co., Ltd”) under which he/she is acting as an international marriage broker for KIKO female women (hereinafter “instant brokerage contract”).

The main contents of the instant brokerage contract are as follows.

-International marriage relay contract - Article 5 (Provision of Services) 1 The defendant company shall provide the plaintiff with the following services:

2. Article 6 (Duties of Defendant Company) (1) The Defendant Company must provide the Plaintiff with the services specified in Article 5 with due care and duty as a good manager.

⑤ In the event that the Plaintiff’s international marriage is married, the Defendant Company shall ensure that the Plaintiff’s spouse has entered Korea within a period designated by the mutual agreement with the Plaintiff and that the Plaintiff’s spouse may enter Korea, and that the Plaintiff’s actual marriage will begin.

(7) In providing services, a defendant company shall comply with the Marriage Brokers Business Management Act and other relevant Acts and subordinate statutes.

Article 10 (Termination of Contract) The grounds for termination of the contract shall be as follows:

1. Where a foreigner's spouse enters Korea and transfers to vagabonds after the plaintiff's international marriage is married;

B. On July 2, 2016, pursuant to the instant brokerage contract, the Plaintiff left the Republic of Korea with Defendant B for the purpose of marriage E with KIKO Stan for the purpose of marriage.

However, on July 4, 2016, Defendant B introduced the F of the same nationality instead of the Plaintiff’s circumstances to the Plaintiff. On July 7, 2016, the Plaintiff first returned to the Republic of Korea on July 10, 2016 after completing the marriage report in F and on the spot.

On April 19, 2017, the Plaintiff reported marriage to G-Eup in the wife population G-si.

C. The Plaintiff filed a lawsuit against F with the Seoul Family Court Decision 2017Ddan37853 against F, whose entry into the Republic of Korea is late, seeking revocation of marriage.