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(영문) 대구지방법원 2014.12.16 2014가단14464
손해배상
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from April 7, 2014 to December 16, 2014.

Reasons

1. Facts recognized;

A. On February 26, 2013, the Plaintiff entered into an international marriage brokerage contract (hereinafter “instant contract”) with the Defendant who is engaged in the international marriage brokerage business in the name of “C,” whereby the Plaintiff and the Defendant are acting as a broker for marriage with a Korean national female of the Philippines, and the Plaintiff would pay KRW 10 million with the intermediary expenses. Under the said contract, the Plaintiff paid KRW 10 million to the Defendant as intermediary expenses.

B. The contents of the terms and conditions of international marriage brokerage applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 5 (Provision of Services) (1) Business entities shall provide members with the following services:

1. To act on behalf of members, such as passport and report of marriage, etc. and foreign opposite parties, such as guidance on the number of documents related to marriage and entry, and by proxy. Article 6 (Duties of Business Operators) (1) A business operator shall provide services prescribed in Article 5 to members with due care and duties as a good manager;

(7) If a member's international marriage is married for a member, the relevant business entity shall ensure that the member's spouse enters Korea within a designated period after mutual consultation with the member so that the member's spouse may begin a substantial marriage life.

Article 10 (Termination of Contract) The grounds for termination of the contract shall be as follows:

1. Where a contract is terminated or terminated by a party to the contract;

Article 11 (Cancellation and Termination of Contracts and Compensation for Damages) (1) In cases where a foreign spouse enters Korea after the foreign marriage of a member is married, and his/her spouse enters Korea, and his/her member or enterpriser violates the contract intentionally or by negligence, a member may cancel the contract when the enterpriser or enterpriser fails to take appropriate measures within a reasonable time limit after demanding him/her to perform the contract within a reasonable time limit.

In such cases, a business operator shall compensate for losses incurred to its members.

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