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(영문) 광주지방법원 2015.05.15 2014나11327
약정금
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. Basic facts

A. The Plaintiff is a person running an international marriage broker with C.

B. On March 14, 2013, the Defendant entered into an international marriage brokerage contract with C and entered into the Republic of Korea with the Philippines on March 18, 2013, and filed a marriage report after cutting off the marriage ceremony in the Philippines on March 19, 2013, and received a marriage certificate of the Philippines with the Defendant on March 26, 2013.

In each of them, I reported on the Republic of Korea Women D and on March 18, 2013, and decided as the principal's intention, and he was married on March 19, 2013.

However, the consolation money shall be paid to 10,000 U.S. dollars when the New Franc B entered Korea without providing the cause of the new part and delays the documents of the new part, or renounces the documents of the new part.

C. On March 25, 2013, the Defendant prepared and sent to the Plaintiff a letter of commitment as follows.

The defendant, after entering the Republic of Korea, said that he would waive marriage with D.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant returned to the Republic of Korea and renounced marriage with D, and thus, the plaintiff must pay US$10,000 and damages for delay to the plaintiff in accordance with the letter of this case.

B. Each of the instant arguments by the Defendant is invalid by coercion, inasmuch as it had the Defendant, at the time, prepared a pressure and a threat of life to the Republic of Korea that the Defendant would not return to the Republic of Korea if he/she did not prepare a letter.

3. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 10,00 U.S. dollars and damages for delay calculated at the rate of 20% per annum from November 20, 2013 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff.

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