손해배상(기)
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the revocation part shall be applicable thereto.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 20, 2016, the Plaintiff entered into an international marriage brokerage agreement with the Defendant, a company engaged in international marriage brokerage business with a total cost of KRW 26 million (hereinafter “instant agreement”).
B. On December 13, 2016, the Plaintiff left the Republic of Korea as Uzbekistan and sent it to Uzbekistan Women C (hereinafter “C”). On January 16, 2017, the Plaintiff left the Republic of Korea as Uzbekistan on January 20, 2016, and entered the Republic of Korea on January 20, 2016, and completed marriage reports thereafter.
C. Upon entering into the instant contract, the Plaintiff paid KRW 50,000 to the Defendant the down payment, and paid KRW 10,000,000 on December 12, 2016, and KRW 275,000 on December 22, 2016, respectively, and paid KRW 2,5250,000,000 on January 5, 2017 and KRW 12,525,00 on January 12, 2017, respectively, prior to departure for marriage awareness.
C If the Plaintiff’s spouse intends to enter the Republic of Korea, the Korean Language Test (TOPIK) was not acquired continuously, and the Plaintiff sent money to C several times until April 2018. The Plaintiff left the Republic of Korea on or around February 2018 and sent C with Uzbekistan, but thereafter, C was able to demand divorce from the Plaintiff.
On July 26, 2018, the Plaintiff filed a lawsuit against C for nullity of marriage and divorce (Seoul Family Court 2018ddan 22094).
E. The instant contract was based on the standard terms and conditions of the Fair Trade Commission, and the main contents of the said contract including the terms and conditions and special agreements are as shown in the attached
(Businessr or broker means the plaintiff). 【Person or broker's ground for recognition's absence of any dispute, Gap's evidence Nos. 1, 4, 24, Eul's evidence Nos. 1, 3, and 4, and the purport of the whole pleadings.
2. Determination as to the principal lawsuit
A. Unlike the Plaintiff’s request, the Defendant filed a smoking and correspondence, and introduced C, which is a non-presidential and female, who is not genuine to marriage, to the Plaintiff. The Defendant is able to make C a traffic test well.