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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On September 19, 2014, the Plaintiff, who is engaged in the international marriage brokerage business under the trade name of “C”, entered into a contract with the Defendant on the following terms: “The marriage brokerage expenses of KRW 3 million (payment on a contract basis), intermediate payment of KRW 5 million (payment after a new selection), and the remainder of KRW 3.7 million (payment within a week after the new entry into the Republic of Korea) to arrange international marriage of the Defendant (hereinafter “instant contract”); and the Defendant paid the Plaintiff the down payment and intermediate payment of KRW 8 million in total.
B. According to the instant contract, the Defendant left the Republic of Korea on September 21, 2014, and left the Republic of Korea on behalf of the Plaintiff, and was only a female of the Republic of Korea in the Republic of Korea on the part of the Plaintiff, but was not sexual intercourse with D (D; hereinafter “D”), but the Defendant’s withdrawal of the intention of marriage occurred.
C. Accordingly, on September 27, 2014, the Defendant entered into an agreement with the Plaintiff to the effect that “additional expenses incurred by marriage after women’s selection are paid in addition to the contract amount of KRW 11.7 million due to the occurrence of additional expenses due to marriage (hereinafter “instant additional agreement”).” (hereinafter “instant additional agreement”).
After doing so, the Defendant returned to the Republic of Korea on October 25, 2014 after meeting the Plaintiff’s nationality E (E; hereinafter “E”) or having married.
E. After returning to Korea, the Defendant did not pay the remainder under the instant contract and the agreed amount under the instant additional agreement to the Plaintiff, and on December 15, 2014, without consultation with the Plaintiff, the Defendant concluded a document agency contract with G engaging in international marriage brokerage business, setting the contract amount of KRW 4.3 million with G engaging in international marriage brokerage business in the name of “F”, and E did not enter Korea until now.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 6 (including each number; hereinafter the same shall apply), Eul evidence 5, the purport of the whole pleadings
2. Determination on the cause of the claim.