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(영문) 서울중앙지방법원 2020.01.14 2018나80607

약정금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 10,000,000 and KRW 5,00,000 among them.

Reasons

1. Basic facts

A. On September 11, 2014, the Plaintiff engaged in the marriage brokerage business, etc. entered into a membership agreement with the Defendant with the following terms:

(2) In the event of a sexual intercourse between the members, the Defendant shall pay to the Plaintiff the amount of KRW 1,950,000 for membership fee, and three times for the Plaintiff to the Defendant, within 30 days after the decision on the sexual intercourse (referred to as “sex marriage” means the case in which the Defendant reported the marriage before the marriage is fixed or the marriage is reported). ③ If the Defendant fails to pay the sexual intercourse cost within 30 days after the sexual intercourse, it shall pay twice the amount of sexual intercourse. (b) On the same day, the Defendant and the Defendant shall pay three times the amount of the first agreement to the Plaintiff. Meanwhile, in preparation for the case in which the sexual intercourse is not made, the following contracts were additionally concluded (hereinafter “2 contracts”) and the following contracts were made within 10,000,000 for three times from the 130th day after the 14th day after the 14th day after the 10th day after the 10th day after the 14th day after the 10th day after the 10th day of the 1st month.

① The Defendant shall pay 50,000 won to the Plaintiff as a member, and the Plaintiff shall provide the Defendant with three times of marriage for 12 months.

② In the event of the marriage between members, the defendant shall pay to the plaintiff KRW 5,000,000 for the case of the sex marriage within 30 days after the decision of the sex marriage.

(3) If the defendant fails to pay the expenses for the sex marriage within 30 days, he shall pay twice the expenses for the sex marriage.

C. From September 27, 2014 to October 29, 2014, the Plaintiff arranged three instances of marriage with the Plaintiff’s male members to the Defendant, which did not amount to sexual intercourse. Accordingly, the Defendant was based on the second contract.