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(영문) 청주지방법원 2017.07.18 2016나10385
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts: (a) On January 22, 2015, the Plaintiff and the Defendant concluded an international marriage brokerage agreement (hereinafter “instant agreement”) with the Defendant to mediate the international marriage between the Chinese Ministry of Nationality and the Defendant and receive KRW 12 million in total, and the commission for brokerage (hereinafter “instant agreement”).

Of the instant contracts, the part relating to the instant case is as follows.

In accordance with the standard terms and conditions of international marriage brokerage contract, the following contracts are made by making the broker A (Plaintiff) and the client B (Defendant) according to the international marriage brokerage contract:

Article 2(1) The Defendant may request the Plaintiff to substitute for the event cost. The event cost is KRW 10 million, and the details thereof are as follows. (Omission) The Defendant, in addition to the event cost, pays KRW 2 million to the Plaintiff separately.

Article 8 (Standard for Early Cancellation and Refund of the Defendant) Criteria for refund due to early cancellation are referred to in Article 12 of the Standard Terms and Conditions for Marriage Brokerage (hereinafter “Standard Terms and Conditions for Marriage Brokerage”).

Article 3(Definition of Terms) (4) The term “competing ship” means a ship of foreign nationality which a member acts in the territory of a foreign country for which the other country of international marriage acts in the Republic of Korea. (5) The term “Marriage” means a ship of which the member confirms the intention of marriage with one another after the opposite party of the opposite party, and has completed a marriage ceremony or other equivalent wedding, and the ship of which the member has completed a marriage ceremony or other equivalent wedding, shall be considered as a marriage relationship with the other party of the opposite party.

2. Where a member's spouse enters Korea after his/her international marriage has been married to a foreign country, and only and actually married with the member. Article 12 (Standards for Early Cancellation and Refund of the member) The member may terminate the contract halfway due to personal reasons;

In such cases, a business operator shall refund the remainder to the members after deducting a certain percentage of penalty from the penalty in accordance with the following procedures for performing the following duties:

4. To terminate after the double line.

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