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(영문) 서울중앙지방법원 2018.07.12 2017나90799
손해배상(기)
Text

1.The following amounts, among the parts against the principal suit of the judgment of the court of first instance, shall be payable:

Reasons

1. The court of first instance dismissed both the Plaintiff’s principal lawsuit and the Defendant’s counterclaim. Accordingly, the Plaintiff’s only filed an appeal, and only the Plaintiff’s principal lawsuit is subject to the judgment of this court.

2. Basic facts

A. On October 30, 2016, the Plaintiff entered into an international marriage brokerage agreement (hereinafter “instant brokerage agreement”) with the Defendant, who is engaged in the international marriage brokerage business under the name of “C” (However, the business registration certificate is “D”), wherein the counterpart country for international marriage is Vietnam, and the expenses and brokerage commission required for brokerage (hereinafter “total expenses”) entered into an international marriage brokerage agreement (hereinafter “instant brokerage agreement”). The Plaintiff paid eight million won at a discount to the Defendant.

B. The standard terms and conditions for international marriage brokerage, which are the basis of the instant brokerage contract (Article 10065 of the standard terms and conditions enacted on March 5, 2010), are stipulated as follows with respect to the obligations of the international marriage broker, etc.

Article 3 (Definition of Terms) (4) The term "competence ship" means a ship in which a member has an objection to and a full passage of a foreign nationality mediated by a business operator in a foreign country of international marriage.

(5) The term "sex relationship" means that a member confirms his/her intention of marriage between him/her and his/her opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite

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

3. Aeronautical tickets, on-site accommodation, interpretation services, and on-site transfer of members;

6. Other matters determined by a business operator and a member for international marriage of a member. (2) In providing the services referred to in paragraph (1), the business operator may have the business suspension entity chosen by the business operator act on behalf of the business operator.

Article 6 (Duties of Business Operators) (5) The business operator shall facts the personal information of the other party to whom he/she will be considered as a relative to his/her member.

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