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(영문) 서울중앙지방법원 2019.04.03 2018나32318
약정금
Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered under the following sub-paragraph (2) shall be revoked.

Reasons

1. Facts of recognition;

A. On June 5, 2014, the Plaintiff is a company engaged in the marriage brokerage business, etc., and is referred to as “the primary contract with the Defendant as a member member (hereinafter referred to as “the primary contract”).

AB concluded the agreement.

The first contract;

2. A [Defendant] pays the membership fee referred to in Article 4 to B [Plaintiff] according to its membership class, and Eul shall arrange for A to have three times in total (the frequency of agreement delivery) for 12 months.

3. A, under the agreement of Article 2, wishes to continue to receive an additional service upon the occurrence of sexual intercourse, will additionally agree to pay the sexual intercourse case cost in Article 5 and choose one of the following terms and conditions, and make an additional contract according to the membership rating set out in Article 4:

If Party A agreed to pay Party B additional expenses for sexual intercourse under Article 5 even after the completion of the agreement specified in Article 2, after the completion of the agreement under Article 2, Party B entered into an agreement with Party B.

(a) continue to provide (a) additional services to the Meeting;

(b) continue to provide additional services for a period of time beginning on the contract date;

(c) continue to provide additional services until marriage.

Provided, That the period shall be three years from the date of the contract.

4. The service charges by grade for A members under this Agreement shall be as follows:

Membership Grade: D. Total amount of accession: 4.950,000 won

5. A shall pay 5 million won as the case cost of sexual intercourse between its members (on one occasion in South Korea) within 30 days after the decision of sexual intercourse.

sexual intercourse means, in the case of determining the date of marriage or filing a report of marriage before the marriage ceremony, the case of commencing the living together;

(In this case, if Party A fails to pay to Party B the same expenses within 30 days of sexual intercourse, Party B shall pay twice the same expenses of sexual intercourse).

On the other hand, in preparation for the case that the defendant does not have sexual intercourse on three occasions in accordance with the first contract, the defendant shall be referred to as the "second contract" with the plaintiff on the same day.

AB concluded the agreement.

The defendant.

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