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(영문) 서울중앙지방법원 2020.12.11 2020나25368
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Plaintiff is a marriage broker that runs the business of providing information on persons who have joined the marriage brokerage membership to be suitable for marriage spouse and providing a member with a service of arranging suitable spouses until marriage is married. The Defendant is a member who has joined the Plaintiff.

B. The content of the membership agreement entered into between the Plaintiff and the Defendant (hereinafter “instant contract”) is as follows. The Defendant, in writing, made the part of “day-only,00 won” of the sexual intercourse honorarium into his own pen, signed it in the name column immediately next to the Defendant, and signed it in the name column next to paragraph (10).

1. The membership fee shall be as follows:

☆ 성혼사례금: 일천만 원 성혼사례금은 회원간의 성혼 시 성혼이 결정된 지 30일 이내에 지불합니다.

sexual intercourse means, in the case of determining or reporting the marriage date, the case of commencing the living together or de facto marriage;

(Provided, That if the person fails to pay the sexual intercourse honorarium within 30 days after the decision of sexual intercourse, he shall compensate twice the above sexual intercourse honorarium). 2. (b)

The service period shall be as follows:

(Period System) Eul (Plaintiffs) provides Gap (Defendants) with the remaining services without limitation on the frequency of this performance for a period of 36 months (29 to April 29, 2017).

10. The defendant has sufficiently explained the terms of the above contract from the plaintiff and confirmed them.

C. The Defendant: (a) arranged by the Plaintiff with only members C, and married on July 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s cause of the Plaintiff’s claim is seeking payment of KRW 20 million totaling KRW 10 million based on the instant contract on the premise that “the Defendant did not pay the same within the agreed period.”

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