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(영문) 서울중앙지방법원 2019.03.21 2018가단5176335
기타(금전)
Text

1. The defendant shall pay to the plaintiff USD 22,00 in U.S. dollars and the interest rate thereon from February 20, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 11, 2015, the Plaintiff entered into a contract with the Defendant for the fee of the U.S. non-career craftsmen (hereinafter “instant contract”) with the Defendant, according to the Defendant’s publicity that the U.S. non-career craftsmen may receive a visa one half to two years from the date of application, and the part relating to the instant case is as follows:

(hereinafter referred to as the “Defendant” and “customers” refer to the Plaintiff”). 1.For the purpose, the time of transfer and the customer agree for the speed of transfer to the United States immigration as follows:

3.1For the continued receipt of U.S. immigration, the customer agrees to pay domestic fees (KRW 990,000) and overseas fees (US$ 22,00) to the Bank of Bankruptcy B as follows:

(1) At the time of contract: KRW 990,000 (2) after issuance of labour permit: US$8,000 (3) after approval of the objection to the interest: US$7,000 (4) after notification of the objection to the interest: US$7,000: 7,000 when notification of the objection to the interest:0

4. If any of the following defects is found in the refund clause, the customer may request the refund of the overseas fee at the time of transfer to the Corporation, and the provisions of the refund shall be as follows:

4.1 If a refusal to issue an labour permit without fault of a customer or a refusal to approve the U.S. immigration has been made, the E-S. exhibition will refund the full amount of overseas commission, excluding 990,000 won, paid by the customer, secure a new employer without additional costs, and complete the procedures for non-resident issuance.

6.The termination of this contract shall be terminated at the time of the approval of the non-interest.

7. With respect to damage caused by force majeure, such as war, natural disaster, earthquake or change or delay in policies of the Government of the United States of America, both parties shall be relieved of the other party;

B. On July 11, 2015, the Plaintiff paid KRW 990,00 to the Defendant, but received a refund on the 22th of the same month by the Defendant’s discount, and on July 22, 2015, the Plaintiff received a total of USD 22,00 from the overseas commission of USD 7,000 on July 22, 2015.

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