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(영문) 수원지방법원 2018.07.10 2017나13332
사용료 등
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. The parties' assertion

A. On August 6, 2016, the Plaintiff asserted that he/she entered into an agreement with the Defendant to hold a wedding and fale for marriage (hereinafter “instant agreement”) with C, the Defendant’s children, and C, and D (hereinafter “instant marriage”). The content of the agreement is that the Plaintiff would proceed with the instant marriage, which is held on October 23, 2016, for the Defendant, with the wedding and skin, and the Defendant would pay the instant wedding expenses (hereinafter “instant wedding expenses”).

Accordingly, on October 23, 2016, the Plaintiff performed the duty stipulated in the instant agreement on the part of the Defendant, such as the instant marriage and the progress of wedding. However, the Defendant did not pay wedding expenses to the Plaintiff up to now. As such, the Plaintiff sought against the Defendant a total of KRW 17,700,000 and delay damages as follows.

The details of the Plaintiff’s assertion that the total amount of KRW 17,700,000 (=15,300,000) per food cost per 15,30,000 per x 34,000 won per food cost per 450 won per 34,400 won per 3,400 won per 1,000 won per 1,700,000 won per 15,300,000 won per 3,40,000 won per food cost per 3,40,000 won per 1,000 won per 0,000 won)

B. According to the Defendant’s assertion agreement, the number of persons, which serve as the basis for calculating food expenses among the instant wedding expenses, is not 450 persons, but 240 persons, and the Defendant is above the Plaintiff.

In addition to the down payment of KRW 1,000,000 as stated in the port, 1,000,000 was paid additionally.

Therefore, the principal of the instant wedding cost, which the Defendant is obligated to pay to the Plaintiff, is KRW 9,560,000 as follows:

Details of KRW 8,160,00 (=240 x 34,000 x 34,000), total amount of KRW 34,400,000 for wedding expenses and service charges of KRW 3,400 for wedding expenses and service charges of KRW 2,000 for each contract (=one million for additional payment of KRW 1 million) 9,560,000 for each contract amount (=8,160,000 for each additional payment of KRW 3,40,000 for each contract amount of KRW 3,40,000 for each payment of KRW 1 million). The Defendant’s assertion is made.

2. Determination

A. On August 6, 2016, the Plaintiff and the Defendant entered into the instant agreement. According to the said agreement, per capita food expenses of KRW 34,00,00, and Nonparty 18, respectively.

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