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(영문) 창원지방법원 2020.05.14 2017나60854
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is a company registered under the Marriage Brokers Business Management Act (hereinafter “Marriage Business Act”) and is engaged in the international marriage brokerage business.

B. On July 19, 2015, the Plaintiff entered into an international marriage brokerage agreement with the Defendant to pay KRW 17 million at the expense and brokerage commission (hereinafter “instant agreement”). On July 20, 2015, the Plaintiff paid KRW 2,000,000 for the intermediate payment of KRW 13,00,000 on July 27, 2015, and KRW 2,000,000 for the remainder on December 13, 2015.

C. The Defendant requested F, who operates the marriage brokerage company in Lao local, to introduce Lao women to the Plaintiff’s marriage counterpart. D.

On August 1, 2015, the Plaintiff left the Republic of Korea with the Defendant’s representative E, left the Republic of Korea with Lao women, and left the Republic of Korea with Lao women, and decided as a new father a person introduced as C (C; hereinafter “foreign person”) from among them, and returned to the Republic of Korea on the fifth day of the same month.

At the time, the Defendant did not translate personal information of the Nonparty, including the Nonparty’s marriage, health status, occupation, and criminal record, into a language that the Plaintiff can understand, and arranged the Plaintiff’s remainder of Korea.

E. On November 30, 2015, the Plaintiff reported the marriage with the Nonparty in Korea.

F. However, the Nonparty was a person who had actual record of divorce with a male who is a Korean citizen, and was forced to violate the Immigration Control Act in Korea.

On March 24, 2016, the Nonparty, upon receiving the invitation visa under the name of “C”, tried to enter the Kimhae Airport, but was denied entry due to the confirmation of the fact that the Nonparty was forced to commit a violation of the Immigration Control Act.

G. Upon the Non-Party’s refusal of entry, the Plaintiff’s father D requested the Defendant to provide personal information and refund of brokerage expenses.

E is in English and Lao language of the non-party expressed as C around April 17, 2016.

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