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(영문) 춘천지방법원 2015.11.27 2015나1738
손해배상
Text

1. Revocation of the first instance judgment.

2. According to the selective claims added at the trial, the defendant shall be KRW 5,000,000 to the plaintiff.

Reasons

1. The reasoning of this court concerning this part of the facts admitted is the same as the corresponding part of the judgment of the court of first instance, and thus, it is cited by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. The Defendant introduced personal information on the F’s health condition and H’s pregnancy to the Plaintiff without notifying the Plaintiff of the personal information on the family relationship, and breached the principal broker’s duty of care.

Therefore, the Defendant is liable to compensate for the total property damage incurred by the Plaintiff (= USD 2,500 ($ 2,860,000) additionally paid for the marriage of KRW 10,800,000 in total, the sum of the F F F 10,800,000,000 paid for the marriage contract of KRW 8,000 when entering into the membership contract of this case).

B. The Defendant did not provide the Plaintiff with a medical certificate stating the other party’s health condition pursuant to Article 10-2(1)2 of the Marriage Brokers Business Management Act (hereinafter “Marriage Business Act”). As a result, the Plaintiff suffered mental and property damages by marriage without knowing F’s health condition and H’s pregnancy, and thus, the Defendant is liable for compensating the Plaintiff for damages pursuant to Article 25(1) of the Marriage Brokers Business Act.

3. Determination

A. Article 10-2(1) of the Marriage Brokerage Business Act provides that "international marriage brokers shall obtain personal information, such as marriage history, health status (including whether a person has AIDS, sexual illness, and mental illness), occupation and sexual violence, domestic violence, child abuse, sexual traffic mediation, sexual traffic mediation, and coercion from a user who has entered into a contract of marriage brokerage, and criminal records corresponding to imprisonment without prison labor or heavier punishment for the last ten years, etc., and provide the above personal information (including evidential documents) to the other party and the user in writing." In this case, the Framework Act on Health Examinations.

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