손해배상(기)
The plaintiff's claims against the defendant (appointed party) and the appointed party are all dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On September 11, 2015, the Plaintiff entered into an international marriage brokerage contract with Vietnam women (hereinafter “instant contract”) with the Defendant Company C (hereinafter “Nonindicted Company”) whose representative director is the Defendant.
At the time, the designated person who was the defendant's spouse was registered as the inside director of the non-party company.
B. Around September 24, 2015, Nonparty Company introduced Vietnam women D to the Plaintiff, who visited Vietnam under the instant contract, and the Plaintiff and D got married in Vietnam on September 25, 2015.
C. Around April 15, 2016, the report of marriage between the Plaintiff and D was completed in the Republic of Korea, and based on the marriage certificate and the certificate of the defect in issuing the Embassy of the Republic of Vietnam, the Plaintiff and D were issued in Vietnam on June 6, 2016.
The non-party company conducted the procedure of filing the above marriage report and issuing the marriage certificate on behalf of the company.
D On July 25, 2016, the Republic of Korea entered Korea, and the non-party company proceeded with the procedure to enter Korea of D, and was paid KRW 10.8 million by the Plaintiff according to the instant contract.
E. From the date of entry into Korea of D, there was conflict between the Plaintiff and D’s husband and wife, and D filed a lawsuit claiming a divorce against the Plaintiff on March 6, 2017.
The Plaintiff filed a counterclaim seeking confirmation of nullity of marriage, and the judgment on confirmation of nullity of marriage was rendered on September 14, 2018 by the Seoul Family Court (Seoul Family Court Decision 2017Nu307026, 324984, Sept. 14, 2018; Seoul Family Court Decision 2018Reu3273, 3280, Sept. 27, 2019), which is currently pending in the final appeal.
[Ground of recognition] Facts without dispute, Gap 1 through 3 and 6 evidence, fact-finding results on the Embassy of the Republic of Vietnam of this Court, significant facts to this court, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion 1 is the representative of the non-party company, and the appointed person is the non-party company.