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(영문) 서울남부지방법원 2019.05.23 2018나61091

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On October 12, 2015, the Plaintiff entered into a contract (hereinafter “instant service contract”) with the Defendant (hereinafter “A”) specializing in providing overseas employment visa agency services, etc. for the purpose of immigration of Canada, with the following content (hereinafter “Defendant A” and “B” refer to the Plaintiff) (hereinafter “instant service contract”).

Article 1 (Term of Contract) The term of validity of this contract shall be from the date when the contract is completed to the date when B is issued.

Article 2 (Duties of A)

1. Selection and management of overseas good offices;

2. To carry out the various speeds and processes necessary for obtaining employment and approval for relocation in good faith under an agreement with the overseas good offices;

3. The obligations of Party A shall be terminated by acquiring the visa of Party B.

Article 3 (Obligation of Eul)

1. Preparation, preparation, and submission of basic and additional documents necessary for filing an application for entry permission related to employment visa persons;

2. Payment of prescribed domestic employment cost and permanent sovereignty agency fees by the designated deadline;

3. Before the issuance of a visa, the applicant must be faithful to his/her occupation, make decisions on the adjustment of property, suspension of studies, etc. and his/her liability shall be limited to B, and the applicant must be informed to A of changes that may affect immigration.

Article 4 (Mediation Fee)

1. Down payment: 1,300,000 won (in case of refund);

2. Stenographic fees: 22,000 CAD (the first payment at the time of issuance of Job office / the second payment at the time of approval of LMIA / the third payment before a non-self-employed application for permanent sovereignty).

3. State: Canada/U.S. Article 5 (Definition of Good Offices)

1. The term "domestic brokerage fee" in Article 4 means ordinary business expenses, including transportation expenses, promotion expenses, office expenses, and business profits, which are incurred in the performance of good offices;

2. The term "foreign brokerage fee" in Article 4 means the ordinary business fee, including social expenses, promotion expenses, office expenses, and business profits, which are incurred by the referral and continued performance of a foreign brokerage company, and is therefore unable for A to perform a direct contact with another foreign brokerage company.