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Of the judgment of the first instance, each of the plaintiffs' 18,370,800 won and each of the above money against the defendant from November 6, 2019 to November 2019.
Reasons
1. Basic facts
A. On July 2, 2011, Plaintiff B entered into a contract for the arrangement of work with the Defendant, who is an emigration broker, on November 30, 201, respectively (hereinafter collectively referred to as “each of the instant contracts”), and the U.S. Ministry of Labor rejected the Plaintiffs’ application for labor permission on or around May 2015, the Plaintiffs agreed to re-application for labor permission in accordance with the Defendant’s guidance, and to modify the amount of overseas commission of each of the instant contracts with the Defendant on June 2015.
The main contents of each contract of this case, including the changed amount of overseas fees, are as follows:
Article 1 (Purpose of Contract) In order to ensure the successful acquisition of the plaintiffs' U.S. employment interest in good faith, the defendant and the plaintiffs enter into this contract.
Article 2 (Duties of Defendant)
1. Domestic brokerage services 1-1. Domestic brokerage services 1-1. All acts related to brokerage services performed by the defendant in Korea, such as sending a letter of guidance on advertisement and presentation through various media, and the receipt and review of individual counseling and documents; 1-2. Overseas brokerage services 2-1. Overseas brokerage services 2-1. All acts in order to secure the plaintiffs' employer through a local attorney in the U.S. and the defendant's local transfer sets, and obtaining employment rights; 2-2. Overseas brokerage services 2-2. Overseas brokerage services 4 (Definition and Payment of Fees for Employment of U.S. Employees)
1. Domestic brokerage commission: 90,000 won (payment upon contract); and
2. Overseas brokerage commission: US$ 18,000 shall be paid in installments as follows:
2-1. The first fee (at the time of a contract), US$ 8,000 (Plaintiff A), US$ 7,000 (Plaintiff B) 2-2, the second fee (at the time of labor permission), US$ 5,000 (Plaintiff A), US$ 5,000 (Plaintiff B) 2-3. 3 (at the time of the approval of the immigration country), the third fee (at the time of the approval of the immigration country), the plaintiff 5,000.