약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. On November 20, 2015, the Plaintiff sought payment of KRW 10,000,000,000, which was agreed upon by the Plaintiff and the Defendant based on the marriage brokerage contract concluded between the Plaintiff and the Defendant on November 20, 2015, as well as KRW 20,000,000, which was incurred by the Defendant’s failure to pay the sexual intercourse honorarium within 30 days after the decision of sexual intercourse. The first instance court accepted the Plaintiff’s claim in its entirety, excluding part of the damages for delay pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
However, since the defendant appealed only on the part of penalty and damages for delay in the judgment of the court of first instance, the scope of the judgment of this court is limited to the penalty of 10,000,000 won (including damages for delay).
2. Basic facts
A. The Plaintiff is a marriage broker that runs the business of providing members of their own company with information on persons suitable for marriage spouse and providing members with the services of arranging their suitable spouses until marriage. The Defendant is a member affiliated with the Plaintiff.
B. The content of the membership agreement signed between the Plaintiff and the Defendant (hereinafter “instant contract”) is as follows.
The defendant written the "10,000,000 won of sexual intercourse honorarium" in his own writing, and signed it in his name column immediately next side, and signed it in his name column next to paragraph 9.
1. The membership fee shall be as follows:
☆ 성혼사례금: 10,000,000원 성혼사례금은 회원간의 성혼 시 성혼이 결정된 지 30일 이내에 지불합니다.
sexual intercourse means, in the case of determining or reporting the marriage date, the case of commencing the living together or de facto marriage;
(Provided, That if the person fails to pay the sexual intercourse honorarium within 30 days after the decision of sexual intercourse, he shall compensate twice the above sexual intercourse honorarium). 2. The service period is as follows:
(Period System) A. B (Plaintiffs) goes to Party A (Defendants) for the period of 36 months ( November 20 to November 20, 2015).