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(영문) 울산지방법원 2016.10.27 2016나219

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B and Vietnam’s nationality were married on June 9, 2014, but Defendant C entered the Republic of Korea as tourism visa (C-3) and was in an illegal stay, in principle, could not obtain permission to change the status of stay in the Republic of Korea as a marriage visa (F-6).

On August 2014, the Defendants introduced the Plaintiff, who is an employee of the D Joint Office, through the early police officer, and requested the Plaintiff to perform duties concerning the application for granting or changing the status of stay of Defendant C and paid the fees.

B. On August 2014 and September 201, the Plaintiff submitted to the Immigration Office a letter of illegal aliens, etc. under the name of Defendant C, and submitted a written application to the Ministry of Justice, etc., but Defendant C did not obtain permission to change the status of stay as a result, and around September 24, 2014, Defendant C did not obtain permission to change the status of stay from the Ministry of Justice. Around September 24, 2014, the Plaintiff was notified that he/she should leave Vietnam and enter the Republic of Korea’s overseas diplomatic missions in Vietnam with a visa for marriage immigrants.

C. On November 2014, the Defendants demanded the Plaintiff to return the fee, but the Plaintiff rejected the request.

Accordingly, the Defendants filed a complaint with an investigative agency with the purport that “the Plaintiff would have the Plaintiff be issued a visa who is able to reside in the Republic of Korea without having been stationed in Vietnam, and received fees by deceiving Defendant C.”

[Ground of Recognition] Facts without dispute, Gap evidence 2-1 through 8, evidence 4-1, 2, 3, and 6-1 through 7, 9-1, 2, 3, and 10 through 15, and the purport of the whole pleadings

2. The Plaintiff asserted that the Defendants requested the issuance and change of the status of stay of Defendant C to the Defendants, and sufficiently notified the Defendants that they should depart from Vietnam in order for Defendant C to be issued a visa for marriage immigrants. Defendant C visited the Immigration Office to obtain permission for change of status of stay.