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(영문) 광주지방법원 2019.04.19 2018나60693
계약금반환금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Selective claims by the Plaintiff (Counterclaim Defendant) added by this Court.

Reasons

1. Facts of recognition;

A. Defendant B is a person operating an international marriage brokerage office under the trade name of “D”, and Defendant C is a person working at the above counseling center as an intermediary.

B. On September 21, 2016, the Plaintiff entered into an international marriage arrangement agreement with the Defendants (hereinafter “instant agreement”) with the following content:

The contract of this case was entered into under the name of the Plaintiff and Defendant B, but the Plaintiff and the Defendants are parties to the contract of this case without any dispute between the parties.

The plaintiff shall entrust Vietnamese women with international marriage, and the contract deposit shall be concluded at KRW 16.5 million as follows: 1.5 million shall be paid, and the intermediate payment shall be paid at KRW 1.5 million: 9 million shall be the remainder before departure: 6 million shall be paid in full (not later than 3 days of entry into the Republic of Korea): November 20, 2007.

The amount of personal use (money) and value added tax shall be separately imposed.

1. New dormitory expenses;

2. New departments (four months) - Educational expenses for six months;

3. Dried money;

4. Personal expenses for vagabonds (2nd visit).

다. 원고는 2016. 10. 1.경 베트남 하이퐁시에 있는 맞선 장소에서 피고 C의 소개로 베트남 국적의 E(E, 이하 ‘E’라고만 한다)과 맞선을 보고 그 무렵 베트남에서 결혼식을 올렸다. 라.

Afterward, the Plaintiff filed a complaint with Defendant C for the violation of the Marriage Brokers Business Management Act (hereinafter “Marriage Brokers Business Act”) upon requesting the destruction of the instant contract.

Defendant C was subject to most of the suspicions, but was sentenced to a fine of KRW 1,500,000 as a violation of the Marriage Brokers Business Act with respect to the portion not certified by the notary public of Vietnam while providing the Plaintiff with the personal information of the opposite contractual party.

[The United States District Court 2017 High Court 301, 339 (Joint), 2018 High Court 31 (Joint), 39 (Joint)]. (e)

According to the instant contract, the Plaintiff shall be KRW 1,451,00 on September 21, 2016, KRW 7 million on September 28, 2016, and KRW 5 million on October 5, 2016.

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