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(영문) 서울중앙지방법원 2017.05.10 2016나83640
계약해지에 따른 원상회복
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The defendant is a juristic person engaged in the recruitment and referral of emigrants, and the agency business for reporting emigration.

B. In around 2013, the Plaintiff requested the Defendant to provide consultation for the purpose of studying foreign residents and their children who have been employed in Canada. After entering Canada for three weeks, the Plaintiff issued LMO (Labour Marc, Employment Opinion) from the government authority of Canada, and provided an explanation that he/she may obtain employment visa after entering Canada for four weeks.

C. On August 31, 2013, the Plaintiff and the Defendant concluded a delegation contract with the aim of acting as an agent in respect of employment and study procedures, and the contents of the instant case are as follows:

(hereinafter referred to as "the contract of this case". - The defendant's obligation 1) selection and management of overseas brokerage enterprises - 2) the defendant's obligation to provide advice and consultation with the overseas brokerage enterprises - 90,000 won for domestic speed and 10,000 won for overseas speed after the contract is concluded - USD 5,000 for employment at the time of issuance of LO, USD 5,000 for employment expenses for the third speed overseas, USD 10,00 for employment expenses at the time of issuance of employment expenses, USD 10,00 for installments - refund 199,00 won for contract deposit 1) and USD 10,000 for employment expenses at the time of refusal of entry into Canada.

D. At the time of the instant contract, the Defendant is in progress with employment and visa issuance procedures through B, a Canadian local intermediary, and the Defendant’s employee, who was issued franchises in Canada’s local forum, using LMO (so-LMO; hereinafter “OPE”) in an undetermined state, would be able to obtain employment and visa payment for the Plaintiff as the employee in the future.

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