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1. The Defendants jointly share the Plaintiff KRW 10 million with 5% per annum from February 21, 2017 to February 21, 2019.
Reasons
1. The Plaintiff’s alleged Defendants, without registering international marriage brokerage business, illegally mediated international marriage to the Plaintiff. ① Not only did the Plaintiff properly notify the Plaintiff of F’s personal information, but also did not inform the Plaintiff of F of F with the knowledge that F was new, but also did not inform the Plaintiff of F of F of the fact, and prevented the Plaintiff from commencing a real marriage life with F by violating the duty of care as a mandatory, such as delaying the work of issuing marriage visa necessary for F’s entry into the Republic of Korea. ② Although the relevant laws and regulations were amended, the Plaintiff was sufficiently anticipated to have been unable to engage in a marriage life in Korea even if he/she married with G, he/she breached the duty of care as a mandatory, such as hiding such fact or failing to verify the laws and regulations.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff damages amounting to KRW 77,55,913 (16,00,000,000, which the Plaintiff paid to the Defendants, to KRW 18,361,115 (13,194,798, 30,000,000) and damages for delay due to the Plaintiff’s departure from Vietnam.
2. Determination:
A. (1) Although a person who intends to engage in international marriage brokerage business is in accordance with the statutory standards and is registered with the competent authority, the Defendants were engaged in international marriage brokerage business without being registered with the competent authority. (2) On December 2013, the Plaintiff, as a broker of the Defendants, filed a marriage report on January 25, 2014, with F and marriage awareness of Vietnam’s nationality, and filed a divorce on November 14, 2014.
3) On December 2014, the Plaintiff, as a broker of the Defendants, filed a marriage report with Vietnam nationality G and marriage on June 1, 2015. (4) Following the amendment of the Enforcement Rule of the Immigration Control Act, the invitation (Korean spouse) from April 1, 2014 to marriage with other foreign spouses within five years from the base date of the application for non-party status.