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(영문) 대전지방법원 2017.06.30 2016나9245
중개수수료 반환
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. On January 13, 2015, the Plaintiff met Chinese women C (hereinafter “Plaintiff’s spouse”) with the Defendant’s introduction of the Defendant’s employee B, an international marriage broker, and entered into an international marriage brokerage agreement with the Defendant (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The Defendant introduced a Chinese woman for the purpose of international marriage to the Plaintiff, and the Plaintiff pays the Defendant the down payment of KRW 2 million on January 24, 2015, the intermediate payment of KRW 5 million on February 6, 2015, and the remainder of KRW 7,700,000 before new entry into the Republic of Korea.

The plaintiff shall pay 350,000 won per month to the new father for educational expenses before entering the Republic of Korea.

There is no problem when the amendment of the laws and regulations of the international marriage brokerage business, changes in the progress of documents due to marriage policies in the country and delay of entry into the new post.

The period of entry into the new father may be changed according to the period of 8 to 15 months, the period of entry into the new father may be changed according to the changes in both countries' marriage policies, and the period of completion in Korean of the new father.

Article 3 (Definition of Terms and Conditions for International Marriage Brokerage) (2) The term "personal information related to marriage" means the minimum personal information that needs to be confirmed by the parties to marriage as important factors to determine marriage, such as real name, gender, age, academic background, occupation, property level, whether there is a disease, whether there is a disability, religion, experience, marriage, whether there is a child, family relationship, and residence.

Article 4 (Joining Members) (1) A person who intends to request international marriage brokerage shall, after providing a business operator with personal information related to marriage, apply for membership according to the membership procedure determined by the business operator.

(2) Each business operator shall examine the following matters and determine whether a person who applies for membership pursuant to paragraph (1) becomes a member:

1. Whether a spouse (including a de facto spouse) exists;

2. Whether the personal information related to marriage is true. (3) The results of the examination under paragraph (2) and the applicant's international marriage brokerage.

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