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(영문) 서울북부지방법원 2016.12.16 2016나2633
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of premise;

A. The Plaintiff’s physical examination report for employment of public officials (issuance of doctor) submitted by the Plaintiff’s mother C for the purpose of seeking counseling on the Plaintiff’s international marriage via the Defendant, an international marriage broker, stated the Plaintiff’s “suspect of developmental disability”.

B. On October 23, 2013, the Defendant stated that the Plaintiff’s mother C would return KRW 1,00,000,000 of the profit of the Defendant, if the Defendant refused to issue a visa at a Korean consular official stationed in Vietnam, even if the marriage was married in accordance with the above physical examination document.

Fidelity C is KRW 8,700,000 (the cost set forth by the Defendant) less KRW 200,000,000, which is discounted at the time of payment of the balance from KRW 8,900,000, which is set aside in the contract below the cost set forth by the Defendant, and KRW 8,700,000, which is set aside in the contract. - The Defendant may have failed to make an investment even at the time of payment of the balance. - The Defendant is entitled to return KRW 1,00,000, which is set forth in the brokerage contract, but the Defendant has renewed C.

B. On October 24, 2013, the Plaintiff entered into an international marriage brokerage agreement (including membership subscription agreement; hereinafter “instant agreement”) with the Defendant and Vietnam between the Defendant and the Defendant on October 24, 2013, to mediate marriage between the Plaintiff and Vietnam.

계약 조항 제5조(행사비와 중개수수료) ③ 행사비용 8,300,000원[=본인 및 신부항공료(비자세금 포함), 가이드 비용, 현지 스텝 인건비+숙식비, 교통비, 통역비, 맞선비, 서류진행비, 결혼식 및 피로연비, 신혼여행비] ④ 중개수수료 600,000원 제7조(기타 경비) 다음 사항은 행사경비 내역에 포함되지 않으며 원고가 부담한다.

(1) The Plaintiff’s domestic transportation cost, ② passport issuance cost, ③ the documents of government offices prior to departure, education and health examination cost, ④ personal expenses [the cost of wife personnel management cost, post-paid money, additional service cost (the time of request for the business of marriage weddings, etc.)] and ⑤

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