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(영문) 수원지방법원 2019.06.19 2017가단30923

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a person who is engaged in the international marriage brokerage business under the trade name of “C,” and the Plaintiff is a person who requested the Defendant to engage in international marriage brokerage with Vietnam women.

B. On April 9, 2015, the Plaintiff entered into the instant primary marriage brokerage contract with the Defendant. The main contents are as follows. The Defendant performs international marriage business so that the Plaintiff may marry with Vietnam, and the Plaintiff pays expenses and brokerage fees needed for international marriage brokerage (Article 2(1)). The Plaintiff pays KRW 20 million to the Defendant on April 9, 2015, the remainder of KRW 10 million on April 29, 201, and KRW 20 million to the Plaintiff (Article 2(2)). In the event that the Plaintiff is not married or married with the Defendant on April 19, 2015 due to reasons attributable to the Plaintiff’s partnership with the Plaintiff, the Plaintiff should compensate the Plaintiff for damages incurred to the Plaintiff. In the event of the Plaintiff’s rescission of the instant primary marriage contract with the Plaintiff on April 1, 2015, the Plaintiff may request the Plaintiff to re-enter the international marriage business instead of the Plaintiff’s claim for damages, and the Plaintiff shall not be liable for the termination of the international marriage contract with the Plaintiff’s spouse (Article 14(1).

3. However, D is past.