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(영문) 서울중앙지방법원 2017.06.28 2015가단5163598
원상회복 청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2.5 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from June 25, 2015 to June 28, 2017.

Reasons

Basic Facts

On September 10, 2013, the Plaintiff entered into the instant contract with the Defendant who is engaged in the marriage brokerage business, and entered into a “B member membership agreement” on marriage brokerage, and paid the Defendant a service fee of KRW 7,00,000 to the Defendant.

From the following day, the instant contract is deemed to be “the instant contract.” The main contents of the instant contract related to the instant case are as follows:

(A) The plaintiff, Eul, and Eul shall be members B at the same time as the member's accession, and Eul shall provide the most adjacent opportunity and best information to the ideal of Gap through each title system.

2.(b) Eul shall arrange to A for a total of three occasions (the frequency agreed upon only) three times for 12 months.

(1) Omission of fractional notes

5. A shall grant B the right to issue and confirm a family relation certificate and marriage relation certificate in order to verify whether he/she is a member and whether he/she is a member.

Unlike paragraph 2-B of the instant contract, the Plaintiff and the Defendant agreed that the term of the contract shall be 18 months, and that there is no restriction on the number of remaining terms of the contract, and the same purport was stated in written form in the contract, and thereafter, the term of the contract was extended by one month until April 9, 2015.

The main contents of the terms and conditions applicable to the instant contract are as follows.

Article 3 (Joining Members) (1) A person who intends to become a member shall provide marriage-related personal information to the company and apply for membership in accordance with the subscription procedure determined by the company.

(2) A company shall conduct an examination on the following matters from among persons who have applied for membership as referred to in paragraph (1), and determine their eligibility:

1. Confirmation of whether a person is a spouse (including a spouse in a de facto marital relationship);

2. Confirmation of the fact of personal information related to marriage. (3) The Company shall accept the membership of an applicant recognized as an eligible person as a result of the examination under paragraph (2) and enter into a contract in accordance with this standardized contract.

Article 5 (Provision of Services) (1)

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