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(영문) 수원지방법원 2014.12.05 2014나12451
계약금반환
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 6,600,000 for the Plaintiff and its related expenses from January 9, 2013 to September 12, 2013.

Reasons

1. Facts of recognition;

A. On January 9, 2013, the Plaintiff entered into an agency contract with the Defendant for the acquisition of Canadian employment visa (hereinafter “instant contract”) and paid 6.6 million won to the Defendant on the same day as the down payment.

B. Canada's immigration and sojourn-related agency can be performed only by Canada's attorney or government-authorizedCC-IC (Cert Canadian Adian Imtant), but there is no such qualification for the defendant.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 4-1 and 4-4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion asserts that the contract of this case is void or cancelled or cancelled selectively on the grounds of the following grounds:

(1) A person who intends to recruit or arrange overseas emigrations or engage in other business related to overseas emigration prescribed by Presidential Decree shall register emigration agency business with the Minister of Foreign Affairs in accordance with Article 10 of the Emigration Act and Article 16 of the Enforcement Decree of the same Act. The defendant established for the purpose of overseas emigration and employment mediation, etc. is a unregistered corporation which does not make the above registration, and thus, the contract of this case is null and void in violation of the above Act.

② Canadian immigration and sojourn-related agency is only Canadian attorney-at-law or government-authorizedCC-IC (Cert-at-law) qualification. As such, the Defendant, who is not qualified as above, entered into a contract with the Plaintiff under which it is impossible to arrange employment-related persons for employment-related persons, and thus, the instant contract is rescinded on the ground that such performance is impossible.

③ Although Canadian immigration and stay-related agency can be limited to Canadian lawyers or government-authorized CCIC (Cert-certified Canadians) qualifications, the Defendant is willing to conceal such qualification requirements and receive employment visa from the Plaintiff. However, the Defendant entered into the instant contract by making it false.

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