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(영문) 대구지방법원 2019.07.04 2018나320977
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 28, 2016, the Plaintiff, under the name of “D”, entered into an international marriage brokerage contract with the Defendant with the content that: (a) the Defendant provided video ties for the sexual intercourse between the Plaintiff and Cambodian women; (b) provided counseling and arrangement; and (c) the Plaintiff would pay the Defendant the down payment amount of KRW 3 million (3 million, intermediate payment, USD 450 million, and KRW 8.5 million (hereinafter “instant contract”); and (d) paid the Defendant KRW 12.2 million according to the instant contract.

B. According to E’s good offices, the Plaintiff met the female F of Cambodia’s nationality (hereinafter “foreign F”), and completed the marriage report on July 11, 2016, and the Nonparty entered the Republic of Korea on December 2016 and went back together with the Plaintiff.

C. The Plaintiff filed a complaint against E and the Defendant, etc. against the Marriage Brokers Business Management Act (hereinafter “Marriage Brokers Business Act”). During the investigation process, the Plaintiff received 1.5 million won from E as criminal agreement and submitted a written agreement to the investigative agency.

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

2. Determination

A. The Plaintiff asserted that the Defendant did not provide the Plaintiff with personal information of the other party to be provided under the Marriage Brokers Business Act (violation of Article 10-2 of the Marriage Brokers Business Act), provided false copies and translation services (Violation of Article 10-3 of the Marriage Brokers Business Act), and provided false information (Violation of Article 12(2) of the Marriage Brokers Business Act).

The non-party entered the Republic of Korea for a long time, and there were many difficulties from that time.

The defendant suffered damages due to the failure of marriage with the non-party due to the above mistake of the defendant, and the defendant is the costs of international marriage events for the plaintiff.

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