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(영문) 부산지방법원 2014.09.03 2013가단84557

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 7, 2012, the Plaintiff entered into an international marriage brokerage agreement (hereinafter “instant brokerage agreement”) with the Defendant, who is engaged in the international marriage brokerage business under the trade name of “C”, stating that the Defendant introduced to the Plaintiff at least 18 years of age, unmarried women who are not disqualified for international marriage, and is paid KRW 15,800,000 from the Plaintiff as expenses and brokerage fees.

On the other hand, among the standard terms and conditions for international marriage brokerage applicable to the instant brokerage agreement, the main contents are as follows.

Article 3 of the standard terms and conditions for international marriage brokerage. (5) The term "sex history" means a member who confirmed the intention of marriage with the opposite party after the opposite party and completed a marriage ceremony or other equivalent wedding, and the business operator shall be deemed to be a marriage history with the mutual consent of the member.

Article 6. Business entity's duty (4) The business entity shall deliver the personal information of the opposite party to its members in writing before determining the schedule for international marriage events.

Provided, That if the number of persons of the opposite party is added at the request of a member after departure or through consultation between a member and a business operator, the business operator shall provide the members with the additional personal information related to marriage prior to the arrival of the opposite party.

B. Under the instant mediation agreement, the Plaintiff paid each of the Defendant KRW 4,300,000 on February 26, 2012, and the intermediate payment of KRW 9,500,000 on January 15, 2013, respectively.

(However, with respect to KRW 9,00,00,00 paid as a check during the intermediate payment, the Plaintiff reported the loss of the same day and made the payment suspended). 【Ground of recognition】 Facts without any dispute, Gap’s 1, 6, 7, 8, 11, Eul’s evidence No. 1-1, and the purport of the entire pleadings.

2. The plaintiff's assertion

A. According to the instant arrangement, the Defendant introduced to the Plaintiff at least 18 years of age, women in Mongolia, and international marriage of the other party’s personal information.