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(영문) 수원지방법원 2016.10.26 2016나6689
환급금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff entered into an international marriage brokerage agreement with the Defendant operating international marriage brokerage business.

The plaintiff and the defendant agreed to refund 50% of the cost when the contract is terminated before the mixing of sex.

The plaintiff paid a total of KRW 15 million to the defendant at his own expense.

The plaintiff terminated the above contract after the opposite-party marriage agreement before the opposite-party marriage agreement.

Therefore, the defendant is obligated to pay 7.5 million won, which is 50 million won paid by the plaintiff to the defendant, and damages for delay.

B. According to the overall purport of evidence Nos. 1 and 2, the Plaintiff entered into an international marriage brokerage contract with the Defendant running an international marriage brokerage business under the name of “C” on January 21, 2014, which is KRW 20 million (one million in total, KRW 14 million in total, and KRW 5 million in remainder). The Plaintiff and the Defendant agreed to refund 50% of the total cost when cancelling the above contract after mixing with the Plaintiff, and the Plaintiff remitted the total amount of KRW 10 million to the Defendant before mixing with the sex. The evidence submitted by the Plaintiff alone only proves that the Plaintiff terminated the said contract before mixing with the Plaintiff, and there is no additional evidence to acknowledge that the Plaintiff paid for the said international marriage brokerage contract not only KRW 20 million in total but also KRW 15 million in total, but also KRW 5 million in total, up to five million in total.

Therefore, according to the facts acknowledged as above, the defendant is obligated to remove the total cost of KRW 10 million from the total cost of KRW 20 million and refund KRW 10 million from the remainder of KRW 50 per cent upon termination of the above contract, but the plaintiff is obligated to pay the total cost of KRW 20 million to the defendant.

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