2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

A. The Plaintiff is a person who was introduced by the Defendant to Co-Defendant C of the first instance trial (hereinafter “C”), and the Defendant is a person running the marriage broker of D’s “D”.

B. On October 27, 2015, the Plaintiff introduced C from the Defendant and began living together with C.

On October 30, 2015, the Plaintiff transferred 4 million won to the Defendant’s account and received a receipt from the Defendant in return for introduction of C. The details of the receipt (hereinafter “instant receipt”) are as follows.

Receipts: Sa million won (4,00,000) shall be received in addition to the above amounts, but no refund shall be made, and if the marriage relationship has been erroneous within one year, the other person shall be arranged.

C. After October 27, 2015, the Plaintiff and C maintained their living together at the Plaintiff’s home and completed the living together around August 24, 2016.

On September 9, 2016, the Plaintiff filed a complaint against the Defendant on the charge of fraud. However, on October 26, 2016, the head of the original District Prosecutors' Office was not guilty of fraud against the Defendant on the ground that the Defendant’s living together with the Plaintiff was not maintained long, and it is difficult to view that the Defendant was guilty of fraud against the Defendant solely on the ground that C would not live any longer than the Plaintiff, but the Defendant introduced another person to the Plaintiff on the ground that C would not live with the Plaintiff, but the Defendant refused this, and thus, the Defendant appears to have fulfilled its own responsibility, and thus, the Defendant did not have been convicted of fraud.

[Ground of recognition] Facts without dispute, Gap 2, 3 (including paper numbers; hereinafter the same shall apply), Eul 1, 2, and 3, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. It is difficult to deem that there was an agreement between the original Defendant on the refund of the introduction fee, merely because the content of the Plaintiff’s assertion on the instant receipt was written voluntarily by the Defendant.

In addition, the defendant agreed to introduce a new person to the plaintiff within one year when the plaintiff's marital relationship was erroneous.