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(영문) 청주지방법원 2020.11.19 2020나330
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Summary of the plaintiff's assertion

A. On September 9, 201, the Plaintiff, the marriage broker, following the termination of an international marriage brokerage contract, agreed with the Defendant to arrange a marriage with the Defendant (i.e., KRW 40 million in intermediate payment of KRW 4 million in KRW 20 million in KRW 20 million in KRW 16 million in the marriage history), and entered into a contract for mediating a marriage with the Defendant’s child C and a woman with the U.S. citizenship (hereinafter “instant brokerage contract”).

The Plaintiff invested enormous costs and time for a period of one year pursuant to the instant brokerage contract, and introduced U.S. women to the Defendant, and when C left the U.S. and completed preparations to have a son with U.S. women, the Defendant unilaterally agreed to the instant brokerage contract is at a close cost, and terminated the instant brokerage contract.

However, Article 12 of the "Standard Terms and Conditions for International Marriage Brokerage" provides that if a member terminates a brokerage contract before departure after the termination of the international marriage event, the member shall pay 20% of the total expenses to the broker company as a penalty. Thus, the defendant is obligated to pay the plaintiff 20 million won (=40 million won x 20%) equivalent to 20% of the total expenses due to the cancellation of the brokerage contract in this case.

B. Although the Plaintiff was unable to perform the Plaintiff’s duty under the instant brokerage contract and did not unilaterally terminate the instant brokerage contract, the Defendant is liable for damages arising from the Plaintiff’s failure to engage in another marriage brokerage business from the conclusion of the instant brokerage contract to the termination date of the Defendant’s contract, and the Defendant and the Defendant are released after having been sentenced not guilty in the appellate court due to false complaints by police officers D police officers of the Chungcheong Police Station and the Defendant.

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