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(영문) 서울중앙지방법원 2018.08.28 2017가단5187079
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On August 20, 2015, the Plaintiff entered into a contract with the Defendant for emigration agent business (hereinafter “instant emigration contract”) with the Defendant for emigration. The main contents are as follows.

(B) at the following time, “A” and “B” refer to the Plaintiff. Article 2(1)(hereinafter “A”) and 2(hereinafter “B’s services”). Domestic underwater services 1-1. U.S. visa and permanent sovereignty counseling, data provision, qualification guidance for application

2. Overseas postal services 2-1. Services 2-2. Services for the introduction and intermediation of employment companies in B; 2-2. Services for processing applications for employment immigration permission in the United States (I-140) and immigration approval; applications for and issuance of immigration visas; 2-3. Services for the submission of applications (DS-260) and various documents through NVC (U.S. National Security Center); services for the provision of documents for re-employment confirmation (Ompy) of U.S. employment companies for the guidance on the progress of an interview with the Seoul U.S. Embassy and for the issuance of permanent sovereignty holders;

1. Domestic speed fees: 90,000 won (in case of a contract, payment);

2. Overseas speed fees: US$21,000 shall be paid in installments as follows:

2-1. The first fee (in the case of a contract) US$ 5,000.00 2-2.2 of the second fee (before receipt of immigration documents) US$ 9,000.00 2-3 of the third fee (at the time of approval of a immigration country), US$ 7,000.00.00 (other expenses)

1. The term “B” means the expenses to be borne directly by “B” as the personal documents to be directly prepared or prepared by the principal;

§ 6 (Refund of Fees). (e.g., costs of physical examination / NVC visa Fe / USCIS Fe / Necessary expenses incurred in addition to the Fe and other expenses for bound execution)

1. After the conclusion of a contract, 990,000 won (including surtax) at domestic speed shall not be refunded in any case.

2. Where it is impossible to issue a visa for employment due to the reasons attributable to “A” after the conclusion of the contract (such as refusal to file a civil petition, bankruptcy of an employment company, or withdrawal of employment), “A” shall be refunded to “B” except for 10% of the fees received pursuant to paragraph 2 of Article IV.

except that it shall be refunded in US$.

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