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(영문) 서울중앙지방법원 2020.10.27 2019가단5258968
수수료 반환
Text

The defendant's KRW 40,128,750 to the plaintiff and 6% per annum from November 9, 2019 to October 27, 2020.

Reasons

1. Facts of recognition;

A. On February 28, 2015, the Plaintiff entered into a non-permanent employment contract (hereinafter “instant contract”) with the Defendant, a non-resident broker, regarding the vicarious performance of home-to-house visit medical care workers in the United States, with respect to non-resident-to-door employment contract (hereinafter “domestic resident”). The main contents are as follows.

(B) Under the following contract, “A” refers to the Plaintiff; “A” refers to the obligation of Article 1. 1-1: Consultation on Qualification and Continuation Procedure (mediation and Selection of Employment Enterprises in the United States) 1-2: Review of Documents Application for Immigration and Performance on behalf of the 1-3: Payment of Local Attorney Expenses on behalf of the Applicant for the acquisition of the visa, Article 3: 17,600 (including VT) of the Claimant’s expenses on behalf of the Claimant for the acquisition of the visa, and all expenses related to the immigration and the approval of immigration are paid to “A” as follows:

First: For the second time of the contract of $2,500, $300: from the employer of $4,000, the second time of the payment shall be based on the serial expenses received from "B" in accordance with Article 3 above, and the principal shall be the basis for the refund without interest due to the expiration of the period of the payment, and, if a refund occurs, only the principal shall be the basis for the refund without interest due to the expiration of the period of the payment.

5-2: Object of refund;

(b) 5-3 when it becomes impossible to file an objection due to a change in the Civil Act or immigration policy of the Government of the United States of America: The criteria for calculating refund;

(b) In any of the following cases, “A” shall refund the stenographic expenses paid by “B”, as there is a cause attributable to “A”:

i. When “B” refuses to grant labor permission: A refund shall be made with the difference calculated by subtracting $3,000 from the amount payable.

ii. “B”’s refusal to approve the interest: A refund shall be made with the difference calculated by subtracting $6,000 from the amount to be paid.

iii. “B” on the grounds of “B” after the immigration approval of “B” was granted, when the “B” failed to obtain the final permanent sovereignty 6.

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