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(영문) 서울중앙지방법원 2020.01.22 2019나17590

기타(금전)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. On June 16, 2015, the Plaintiff entered into a contract on behalf of the Defendant with the United States (hereinafter “U.S.”) on behalf of the eB-3 non-regular workers employed in the EB-3 non-regular jobs for immigration (hereinafter “instant contract”) with the Defendant who performs the duties on behalf of immigration, and the main contents thereof are as follows:

Article 2 [Obligation of "A" (Defendant)]

1.provide services related to the acquisition speed of B (Plaintiff).

2. He shall provide B with the information related to the visa and the information necessary for speed;

3. The preparation of advice and submission of documents necessary for the issuance of visas shall be made;

4.The term "B" shall review documents submitted by it and submit them to relevant agencies, etc.;

5.make available to "B" the current status of non-self-denunciation process.

6.Provision of pre-verification and pre-education of an interview.

8.The obligations of “A” shall be terminated upon the acquisition of the visa by “B”.

However, this is based on the premise that "B" did not violate any of the provisions of the Civil Code of the United States and that "B" is caused by the problem of "B", and there is no responsibility for "B".

Article 4 (Immunity) In any of the following cases, "A" shall be exempted from liability and shall not be liable:

5. Disadvantages resulting from changes in the law of the state of immigration;

6.In the event that the progress of a labor state or immigration state is proceeding, the fees for vicarious performance of Article 5 (Non-Party Commission) resulting from disadvantage shall be classified into a domestic commission and an overseas commission, and such fees shall be payable in installments as follows:

Section 8 (Refunds) of US$ 30,000 for the approval of immigration countries at the time of the second US$ 9,000 contract for the domestic fee of KRW 990,000 for the installment payment of the domestic fee of KRW 12,00: US$ 30,000 for the approval of the second US$ 9,000 for the employment of labor:

1. Domestic fees shall not be refunded upon termination of a contract for any reason.

2.If the approval of "B" or the approval of immigration is not obtained, 70% of the paid overseas fees.

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