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(영문) 창원지방법원 2014.11.11 2014가단14354
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 January 7, 2012, the Plaintiff entered into an international marriage brokerage contract with the Defendant who is engaged in the international marriage brokerage business with the trade name called D in Kimhae-si, Kim Jong-si.

B. Under the above contract or the standard terms and conditions for international marriage brokerage (Evidence 6) incorporated into the above contract, the contract is terminated in the case where “where a foreign spouse enters Korea after the member’s international marriage was married to Korea and his/her spouse begins with his/her member’s actual marital life.”

C. On January 21, 2012, the Plaintiff entered Vietnam, reported the contact line with E under the Defendant’s brokerage, posted a marriage ceremony on a local level, and completed the marriage report with E on February 27, 2012.

E shall enter Korea on August 1, 2012 and live together with the Plaintiff.

On September 3, 2012, after the expiration of 18 days from September 3, 2012, the foreign registration certificate was issued, withdrawn on September 21, 2012.

E. The Plaintiff was divorced from E around 2014, following the judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 7, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) E was a resident of a region in which international marriage is impossible, and in Vietnam, he was prohibited from engaging in international marriage brokerage for profit-making purposes. If the Defendant had known the Plaintiff of such information in advance, the Plaintiff did not enter into an international marriage brokerage contract with the Defendant. In addition, without the intent to maintain a marital relationship, the Plaintiff did not perform its duty to implement the brokerage contract on the ground that there was a disguised E and international marriage brokerage as if he were married to Korea for the purpose of entering Korea.

3) Therefore, the Defendant is obligated to compensate the Plaintiff for damages incurred by the Plaintiff on the ground of the aforementioned tort or nonperformance. (B) Determination 1) International marriage brokerage agreements between the Plaintiff and the Defendant, or international marriage brokerage agreements (Evidence No. 6) incorporated into the above contract.

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