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(영문) 춘천지방법원 2015.12.17 2015가단901
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 23, 2011, the Plaintiff entered into an international marriage brokerage agreement with the Defendant who is engaged in the international marriage brokerage business (hereinafter “instant marriage brokerage agreement”) with the following terms and conditions, and paid the Defendant totaling KRW 13 million (two million in contract amount, part payment, six million in intermediate payment, and five million won in remainder).

Article 1 (Contents of Marriage) ① States eligible for international marriage of the Plaintiff are Vietnam.

Article 2 (Expenses for Marriage Marriage) (1) The defendant shall conduct the plaintiff's international marriage affairs, and the plaintiff shall pay the expenses and brokerage fees to the defendant for international marriage brokerage.

(2) Detailed methods of paying international marriage brokerage expenses shall be as follows:

Down payment: 2 million won, the intermediate payment on December 23, 201, the payment date: 6 million won, the balance on January 19, 201: 5 million won, and the payment date on January 19, 2012 (special agreement) (1) the reason attributable to the enterpriser or the enterpriser’s partnership under Article 11(4) of the Terms and Conditions of Article 3 (where a person is not married or married due to a cause attributable to the partnership of the enterpriser or the enterpriser, the enterpriser shall compensate for the damage caused to the member) shall be limited to the case where the member introduced by the defendant renounces entry into Korea, even though there is no cause attributable to the plaintiff.

B. Around January 2012, the Plaintiff married a female using the name “B” (B; hereinafter “B”) in Vietnam through the Defendant, and reported the marriage to the Chuncheon Mayor on February 20, 2012.

C. However, a woman “B” is a true name C (C; hereinafter “C”) and was issued a visa on April 2009 by marriage with a Korean national and then returned to Vietnam on March 9, 201 after departure from the Republic of Korea. Around February 2, 2011, a departure order was issued on March 9, 201, and planned an international marriage with the Plaintiff to re-enter Korea even if the Plaintiff did not have a real intention to marry with the Plaintiff. To this end, B around February 2, 2012.

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