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(영문) 대전지방법원 2020.01.23 2018나117829
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally liable to the Plaintiff for KRW 10,572,910.

Reasons

Facts of recognition

On April 2013, the Plaintiff entered into a marriage brokerage contract with Vietnam women (hereinafter “instant brokerage contract”).

The instant brokerage contract includes the content that “where the marriage is destroyed due to a cause attributable to the new father, the new father shall be introduced once more.”

D paid KRW 13,500,000 to the Plaintiff according to the instant brokerage contract.

The Plaintiff, around that time, entered into an international marriage brokerage contract (hereinafter “instant one contract”) with the Defendants operating the international marriage brokerage business in the name of E, with the content that “the Defendants act on behalf of the Defendants for the introduction of Vietnam New University and the exercise of Korea entry into the Republic of Korea, and the Plaintiff shall pay the Defendants the event expenses.”

The contract for the instant one contract was not prepared separately.

On April 2013, the Plaintiff, along with D, married with Vietnam F, the Defendants arranged by the Defendants, and filed a marriage report in Korea on May 13, 2013.

(hereinafter referred to as “one marriage”. However, F does not engage in a marital life with D, and the Plaintiff spent a total of KRW 13,563,410 as shown in attached Table 1, in relation to the first marriage (including ascertaining the F’s location and the expenses for divorce procedures).

Accordingly, upon the plaintiff's resistance, Defendant C would promote the second marriage of D, and prepared a performance note as follows (hereinafter "instant performance note") on January 16, 2014 to the plaintiff.

Defendant C, as an operator of a local marriage agency in Vietnam, promises to implement the following in promoting the marriage of Vietnam:

1. I will be responsible for local events and smooth sexual intercourses at the time of promoting the Vietnam marriage of New Franc D.

2. I do not require any additional costs under any pretext in the course of promoting the marriage re-promotion of Shin Franc D.

3.The principal shall be married to vagabonds D.

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