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(영문) 서울중앙지방법원 2017.07.12 2016가단5135354
부당이득금
Text

1. The Defendant’s KRW 6,133,33 as well as the Plaintiff’s annual rate of KRW 5% from June 18, 2016 to July 12, 2017.

Reasons

1. Basic facts

A. On April 6, 2016, the Plaintiff entered into a contract with the Defendant, who is a marriage brokerage company, to join the Defendant as a member of the Plaintiff’s wife B.

(hereinafter “instant contract”). (b)

The contract of this case is that the defendant provides B with the remaining part of this performance three times, and the plaintiff paid 23 million won to the defendant at the admission fee.

C. The plaintiff's ancillary B became the defendant's brokerage and the defendant's two male members and the remaining male members.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination:

A. The defendant's decision on this safety defense is not a plaintiff but a party to the contract in this case, and thus, the plaintiff is not a party to the contract in this case, but a party to the contract in this case is the plaintiff, and the party to the contract in this case has standing to sue to the person who asserts as a right holder in the lawsuit for performance in this case. Therefore, the defendant

B. (1) The Plaintiff’s assertion on the merits was based on the Plaintiff’s admission fee of KRW 23 million for providing the remainder of this performance to B, and the Defendant concluded the instant contract with the Plaintiff, stating that “I will return to the Plaintiff 80% of the subscription fee if I wish to maintain the contract three times after having a three-time delivery. If I wish to maintain the contract after having a three-time delivery, I would would have the Plaintiff be provided with the remainder until the marriage would be married.”

Therefore, the plaintiff's contract of this case is revoked by Article 110 (Fraud Revocation) and Article 109 (Error Revocation) of the Civil Code.

In addition, the contract of this case is null and void in violation of Article 103 and Article 104 of the Civil Act.

Therefore, the Defendant is obligated to fully return the Plaintiff’s admission fee of KRW 23 million to the Plaintiff.

(P) The Defendant is obligated to return to the Plaintiff KRW 18,40,000,00,000,000, which is KRW 23,000,000,000, as the Defendant’s subscription fee pursuant to the Defendant’s promise of return of 80%.

(1) (1). (2) The sale shall be made only;

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