Attorney Park Im-soo, Counsel for the plaintiff-appellant

Representative Director Kim Yong-American

2. Kim Jong-tae (72126 - 2)

[Defendant-Appellant] Plaintiff 1 and 2 others

2. The costs of lawsuit shall be borne by the Plaintiff.

Until the service date of a duplicate, 5% per annum and 20% per annum from the next day to the day of complete payment.

d. Payment of money:

A. Defendant △△-ju Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of emigration arrangement, overseas study arrangement, etc.

B. On April 19, 2012, the Plaintiff entered into a contract under which the Defendant Company: (a) appointed an attorney-at-law required for the citizenship of the Plaintiff at the request of the Plaintiff; and (b) paid the Defendant Company KRW 4,0250,000,000,000 on April 20, 2012; and (c) paid KRW 1,955,000,000 on May 14, 2012; and (d) paid KRW 4,0250,000,000,000 to the Defendant Company, in terms of fees.

C. On April 29, 2012, the Plaintiff left the Republic of Korea via the United States and stayed for about four days through the Guatemala and was issued with the Guatemala passport, but the above passport was forged.

[Ground of recognition] Gap evidence 1, Gap evidence 2-1, Eul evidence 2-1, Eul evidence 3-1, 2-2, and the purport of the whole pleadings

A. The assertion

The plaintiff concluded the contract of this case with the defendant company in order to acquire the citizenship of the Guatema, but the plaintiff was not issued the citizenship of Guatemama, and in the process, the defendant Kim Jong-ri, the representative director of the defendant company, had deceiving the plaintiff as if he could normally acquire the citizenship of Guatemamama. As such, the defendant company is entitled to recover the contract of this case in accordance with the termination of the contract of this case, compensation for the representative's tort, and return of unjust enrichment in accordance with Article 746 of the Civil Act, and compensation for

As a result, the Plaintiff seeks the payment of fees.

B. Determination

(1) The fact of recognition (A) is a school established to educate children of foreigners residing in Korea (persons who do not hold the nationality of the Republic of Korea) and Korean nationals who have returned to Korea for a certain period of time residing in a foreign country (persons who have the nationality of the Republic of Korea) and the major establishment is to improve the educational environment of their children in order to assist competent foreigners to stay in Korea for a long time. When a foreign school receives a written application for admission according to the prescribed summary form from the parents who wish to enter Korea and conducts the examination of the above qualification for admission, it is confirmed that one of the parents is a foreigner or one of the parents is a foreigner, and the period of his/her children resided in a foreign country is at least three years.

(B) The Plaintiff’s spouse as well as himself/herself is a national of the Republic of Korea, and he/she did not meet the qualification to admit ○○ to a foreigners’ school as he/she did not reside in a foreign country for more than three years.

(C) On April 19, 2012, the Plaintiff: (a) visited the Defendant Company on April 19, 2012; (b) consulted the Defendant Kim Jong-ri, the representative director; and (c) concluded the instant contract with the Defendant Company to obtain citizenship from the Plaintiff. At the time, the Plaintiff did not meet any requirements for obtaining citizenship by naturalization at the end of the Guatema; (c) on the other hand, one parent intended to acquire citizenship for the purpose of meeting the requirements for being a foreigner in order to allow his/her child to enter the Seoul KD and Kt foreigners’ school; and (d) there was no intention to naturalization at the end of the Guatema.

(D) After entering into the instant contract on April 29, 2012, the Plaintiff, while leaving the Republic of Korea at the end of about four days on April 29, 2012 and staying there for about four days, did not go through any procedure for acquiring citizen rights in the end of the year, in addition to having visited the local government office on his/her own guidance to take photographs. (E) After having received the Defendant Company’s passport from the end of the year, the Plaintiff submitted a written application for enrollment of children to the employee in charge of entering ○○○ foreigners’ schools, along with a copy of the said Guatema passport.

(F) Defendant Kim Young-chul, the representative director of Defendant company, was indicted for two years and six months of imprisonment with prison labor on the charge that he/she mediated parents who wish to enter a foreigners’ school to obtain nationality by forging or in any other fraudulent way and received fees (Seoul District Court Decision 2012Da9718, Feb. 19, 2013; Incheon District Court Decision 2013No 1911, Jul. 12, 2013; Supreme Court Decision 2013Do8928, Nov. 14, 2013). (G) The Plaintiff was sentenced to a suspended sentence of imprisonment with prison labor for committing an offense, such as interfering with the business of the said school by submitting it to the Seoul ○○○○○○○○○ District Court for a foreigners’ school (Seoul District Court Decision 2013Do8928, Nov. 14, 2013).

[Ground of recognition] According to the following facts: Gap evidence Nos. 4, 5, 6, Eul evidence Nos. 1 and 2, the purport of the entire pleadings (2), and (a) the fact that the court below acknowledged the defendant company's claim that the duty to restore to the original state following the rescission of the contract of this case against the defendant company is recognized, the contract of this case aims not to mediate the plaintiff's legitimate objection, but to acquire citizen's right at the end of the year in an unlawful manner to admit the plaintiff's child to a foreigners' school, and the contents of the right and duty, which is the object of the juristic act, are contrary to good customs and other social order, and thus is null and void pursuant to Article 103 of the Civil Act. Accordingly, the above argument premised on the validity of the contract of this case

According to the above facts, the plaintiff entered into the contract of this case for the purpose of allowing the defendant company to enter a foreigners' school regardless of the propriety of the method, regardless of which method has been withdrawn, and it appears that the contract of this case was entered into for the purpose of obtaining a passport issued in an unlawful way with the knowledge of the fact that he was issued with the end-of-the-end passport in an unlawful manner. Therefore, the above assertion on the premise that the plaintiff entered into the contract of this case on the premise that the plaintiff, the representative director of the defendant company, was able to normally issue the end-end passport from the defendant Kim Jong-k, the representative director of the defendant company, was without merit

In the event that the contract of this case is null and void, the Plaintiff sought the return of the fee paid to the Defendant Company as unjust enrichment. However, as seen earlier, the fee paid for illegal purposes constitutes illegal consideration under Article 746 of the Civil Act, and it is difficult to view that the illegal cause is limited to the Defendant Company, the beneficiary, or that the illegality of the Defendant Company is significantly larger than the illegality of the Plaintiff

3. Conclusion

Thus, the plaintiff's claim of this case is dismissed as it is without merit.