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(영문) 서울북부지방법원 2014.10.24 2014나1254
손해배상(기)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The defendant is a person who is engaged in the international marriage brokerage business.

(2) On October 16, 2011, the Plaintiff entered into a contract with the Defendant to arrange international marriage with the Plaintiff and the Philippines women, and the Plaintiff to pay expenses of KRW 11 million to the Defendant (hereinafter “instant contract”). The Plaintiff paid KRW 11 million to the Defendant around that time.

(3) On October 20, 201, the Plaintiff entered the Republic of Korea with Defendant’s employees, and was issued a marriage certificate, which is a document necessary for international marriage, with the Republic of Korea, on October 29, 201, and filed a marriage report after returning to the Republic of Korea on October 30, 201.

(4) On January 3, 2012, D filed an application for issuance of visas with relevant documents with the Embassy of the Republic of Korea stationed in the Philippines, but the Embassy of the Republic of Korea stationed in the Philippines rejected issuance of visas on the following grounds that there is doubt about the authenticity of marriage between the Plaintiff and D:

(A) The documents prepared by the Plaintiff and D as basic data for an interview at the time of applying for the issuance of a marriage certificate include that the Plaintiff and D introduced “her marriage with Korean marriage friendlys” with respect to the background of the interview. However, the grounds for the invitation prepared on November 30, 201 by the Plaintiff stated that “her marriage was married through an international marriage broker,” and that D’s documents prepared in relation to an interview for the issuance of visa on January 25, 201 are also written to the effect that “her marriage was married through an international marriage broker.”

(B) The Plaintiff and D’s marriage certificate are written at 1 p.m. on October 29, 201, while the marriage time is written at 6 p.m. on October 29, 201, D’s documents relating to interview for the issuance of visa on January 25, 2012 are written at 6 p.m. on October 29, 201.

(5) On June 9, 2012, the Plaintiff left the Republic of Korea with the Philippines and met D. However, the marriage between the Plaintiff and D became extinct, and as of the date of the conclusion of the pleadings in this case.

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