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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. On June 5, 2015, the Plaintiff entered into a contract with the Defendant, who is engaged in the business of performing the business of performing the business of performing foreign immigration control (hereinafter “instant contract”). The key contents are as follows.
Article 1 [Summary of Contract] The purpose of this Agreement is to perform the obligations of each other in good faith on the basis of mutual faith and sincerity in acting on behalf of the Claimant A.
In addition, I agree not to provide all contents, information, documents, etc. related to this contract to third party/third party institutions.
Article 3 [Duties of “B”]
4. The fees and expenses specified in the contract shall be paid to "A" within the fixed period.
8. Subsequent to the receipt of a visa application, even if “B” ceases to continue in the middle, “B” is obligated to pay the balance of the fee not paid by the designated date.
Article 6 [Non-Voluntary Fee] The total amount of Non-Party Fee for Payment of 990,000 won for Domestic Fees for the Contract of 990,000 won, when the second US$9,000 was approved by the Immigration Bureau at the time of approval of the second US$9,000 at the time of the Agreement of 99,000 won for the Session of April and the second US$9,000 for the Agreement of 9,000 won for the Session: US$30,000 / [Refund]
1. Domestic fees shall not be refunded upon termination of a contract for any reason.
2. 70% out of the paid overseas fees shall be refunded in case of failure to obtain the approval of “B” or the approval of immigration.
3. Even if this request for visa ceases to exist in the middle of receipt, the Claimant is obliged to pay the balance of the commission unpaid until the designated date.
4. The time of refund shall be within 30 days from the date on which the “A” and “B” have agreed to refund and terminate the contract.
5. If “B” pays a fee in Korean won, it shall be paid in Korean won in principle at the base rate at the time of payment, and if the fee was paid in US$ (US$), it shall be refunded in US dollars.
Article 9 (Grounds for Refund)