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(영문) 광주지방법원 2019.08.13 2019가단511920

구상금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On April 2018, the Defendant entered into a contract between the Plaintiff and the Plaintiff to commission the Plaintiff to mediate international marriage (hereinafter “instant brokerage contract”). Of the terms and conditions of the instant brokerage contract, the terms and conditions relating to the termination of the contract and the compensation for damages are as follows.

Article 10 (Termination of Contracts) The reasons for termination of Contracts are:

1. Where a contract is terminated or terminated by a party to the contract;

2. Where a foreigner's spouse enters Korea after the member's international marriage has been married, and only the member has started with the foreigner's spouse (the short-term permission of the spouse of the national), and the special agreement provides that if the spouse's qualification is lost due to the entry into Korea under paragraph (6) (the short-term permission of the spouse of the national) and it is impossible to change the visa any longer, a member under Article 12 (Standards for Early Cancellation and Refund of Members) may terminate the contract halfway due

In such cases, a business operator shall deduct a certain rate of penalty according to the following stages of handling the following affairs, and refund the remainder to members:

5. Where a marriage is terminated after her marriage is married: A business operator shall claim 100% of the total expenses to its members when he/she promises to enter into a marriage with 100% of the total expenses after her marriage and terminate her marriage together with her husband and her husband and claim 100% of the total expenses, and the member shall be compensated.

6. If a contract is terminated after entry into the Republic of Korea: No refund shall be made, and if a contract is concluded in combination with a new husband in return for the promise of marriage, the entrepreneur shall claim the amount of USD 5,000 to his/her member, and the member shall be compensated

Article 16 (Special Agreement) A business entity and a member may enter into a separate special agreement in writing to the extent that the business entity does not violate any related Act and subordinate statutes, and in such cases, the business entity shall explain the difference between the standard terms and conditions to the members.

(6) The new section of the special agreement shall enter Korea with a multiple visa (three months) for tourism (three months) through consultation with the new ditch.