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(영문) 서울동부지방법원 2016.11.25 2016나1450
계약금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. On June 2014, the Defendant left North Korea along with his own children (197), and stayed in the Chinese Peninsula.

The plaintiff is a person who assists North Korean defectors to enter the Republic of Korea.

B. On June 10, 2014, the Plaintiff and the Defendant agreed that “the Plaintiff shall bear the expenses so that the Defendant and the Defendant’s children (hereinafter “the Defendant, etc.”) may enter the Republic of Korea, and in return, the Defendant shall pay to the Plaintiff KRW 5 million (the amount calculated by 2.5 million per capita) when the Defendant, etc. enter the Republic of Korea and complete the settlement institution for the North Korean defectors, and KRW 3 million per capita (the amount calculated by 1.5 million per capita) within 2 months from the completion date, and KRW 8 million per capita (the amount calculated by 4 million per capita per capita).”

(hereinafter referred to as “instant agreement”). C.

On June 13, 2014, the Defendant et al. joined the Republic of Korea with other North Korean defectors in the difficult name of China. Among them, four of them agreed with the Defendant and agreed with the Plaintiff as the Defendant and agreed to obtain the Plaintiff’s help. 2) The Defendant et al. attempted to enter the Republic of Korea through the Republic of Korea through the Myanmar and Thailand upon the delivery of the Plaintiff, along with other North Korean defectors, according to the delivery of the Plaintiff.

However, due to the sudden circumstances inside the Thailand at the time, it has become difficult to approach the territory of Thailand for about 18 days in Myanmar.

around July 10, 2014, the Defendant et al. arrived at Lao with other North Korean defectors, with the help of those arranged by the Plaintiff, by getting getting on and getting on vessels in Myanmar.

North Korean defectors, who are different from the Defendant, etc., did meet the plaintiff's intermediary, but they discovered the plaintiff's local residents contact with local police, and North Korean defectors, who were different from the Defendant, etc., entered the Republic of Korea through the Thailand with the help of the Embassy.

3 The defendant et al. completed the settlement body of North Korean defectors at the end of 2014.

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