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(영문) 부산지방법원 2016.12.02 2016나2182

국제결혼피해 손해배상

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts below the facts can be acknowledged in full view of the purport of the entire pleadings, either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, 7, 8, and Eul evidence Nos. 1, 6, and 7.

On April 22, 2015, the Plaintiff entered into an international marriage brokerage contract (hereinafter “instant contract”) with the Defendant who is engaged in the international marriage brokerage business with the following contents:

The defendant introduces Vietnam women to the plaintiff, and arrange for international marriage between women chosen by the plaintiff and the plaintiff.

The plaintiff shall pay 15,00,000 won to the defendant for brokerage expenses and brokerage fees, but 8,000,000 won shall be paid at the Vietnam marriage hall, and the remaining 7,000,000 won shall be paid immediately after marriage and returned to the Republic of Korea.

The defendant shall provide the following services to the plaintiff so that the plaintiff can be married for international marriage and bear the costs of such services:

The Plaintiff’s provision of local accommodation in Vietnam, interpretation services, local street address, rental car, and Vietnam City tourism, etc. and the Plaintiff and Vietnamese women, such as the health examination of the opposite contractual party, education institute expenses, marriage-related events, such as the Plaintiff and the opposite contractual party, and marriage-related events, such as the relationship between the Plaintiff and the opposite contractual party, and the right of departure from the Republic of Korea of the opposite contractual party to the new divorce travel, and even if the Defendant had faithfully married a marriage after the Plaintiff’s mistake or negligence, the Plaintiff may not waive the full down payment and demand the Defendant to pay the down payment.

The defendant shall refund the brokerage fee and brokerage fee to the plaintiff when the contract is terminated due to the plaintiff's personal circumstances after the contract is concluded with the plaintiff.

B. On April 23, 2015, the Plaintiff paid the Defendant a total of KRW 14,00,000,000,000, including the brokerage cost and brokerage commission under the instant contract, and KRW 1,000,000,000, on May 6, 2015, and the remainder of KRW 1,000,000, which the Plaintiff paid to the Defendant for other international marriage contracts around 2014.