Court Orders Hidden Marriage Case to Pay Triple Penalty to Matchmaking Firm

Court Recognizes 47.52 Million Won Payment Including Success Fee Court: "Agreement Valid Even After Pre-Marriage Withdrawal"

Society|
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By Lim Jong-hyun
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Clipart Korea - Seoul Economic Daily Society News from South Korea
Clipart Korea

A court has ruled that a member who married through a matchmaking service without notifying the company must pay both the success fee and a penalty.

According to legal sources Wednesday, Judge Bang Chang-hyun of the Seoul Central District Court's Civil Division 83 ordered a defendant surnamed Choi to pay 47.52 million won ($34,000) plus delayed interest in a contractual payment lawsuit filed by matchmaking firm A. The amount consists of an 11.88 million won success fee and a 35.64 million won penalty.

Choi joined firm A in September 2022 and received matchmaking services. The contract stipulated that a success fee of 11.88 million won must be paid within two weeks of a wedding date being set or a meeting between the two families being scheduled. It also stated that a violation would require payment of a penalty equivalent to three times the success fee.

Choi was later introduced to a member from a partner agency of firm A and eventually married that member. However, Choi did not inform firm A of the marriage and did not pay the success fee. Firm A then filed the lawsuit. During the proceedings, Choi argued, "I have no obligation to pay the success fee and penalty because my father withdrew me from firm A one month before the marriage."

The court, however, sided with firm A. "While it is acknowledged that Choi withdrew from firm A, it is difficult to conclude that the contract was terminated by mutual agreement," the court said. "The agreement stipulating payment of the success fee even when a marriage occurs after the contract period must be taken into consideration."

The court also recognized the obligation to pay the penalty. "The success fee has the character of deferred compensation for the services provided by firm A," the court said. "When a marriage is successfully arranged, a means of indirectly enforcing the payment of the success fee is necessary." The court added, "Considering that the company has difficulty learning of a marriage unless the member informs them, the necessity of a penalty agreement to secure the notification obligation is recognized."

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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