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1. The Defendant’s KRW 12,00,000 as well as 5% per annum from June 16, 2016 to November 18, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On November 9, 2012, the Plaintiff entered into a contract with the Defendant to pay USD 10,000 to the Defendant for the sake of the Plaintiff’s employment in Canada by proxy, but the Plaintiff entered into such contract with the Defendant for the payment of USD 10,00,000 to the Defendant on the same day. The Plaintiff paid KRW 7,50,000 to the Defendant
B. On April 30, 2014, the Plaintiff and the Defendant entered into a contract for overseas employment application (hereinafter “instant contract”) as a result of the Canadian employment under the said contract, and the main contents relating to the instant case are as follows.
(1) The defendant shall act on behalf of the plaintiff in accordance with the guidance and procedure for acquiring U.S. employment and permanent sovereignty.
② By April 30, 2014, the Plaintiff with fees, etc., shall pay the Defendant USD 10,00 ($ 5,000 among the first down payment, however, it shall be replaced by the price paid at the time of employment contract in Canada), USD 10,00 (second down payment), USD 10,000 after the issuance of the labor permit, USD 10,000 after the issuance of the immigration approval, and USD 10,000 after the issuance of the immigration approval.
③ Even during the process of the instant contract, the Plaintiff may demand the Defendant to refund the remainder of fees, etc. other than actual expenses.
However, in the event that the plaintiff voluntarily renounces himself/herself, a refund shall not be made in the event that the plaintiff received Jobff or is in progress.
C. The Plaintiff paid to the Defendant KRW 5 million on April 30, 2014, KRW 5 million on May 20, 2014, and KRW 5 million on May 21, 2014.
On March 9, 2016, the Defendant prepared and delivered a contract termination and a refund agreement (hereinafter “instant agreement”) with the following terms and conditions to the Plaintiff.
① The Defendant shall pay to the Plaintiff KRW 6 million by April 29, 2016, and KRW 6 million by May 31, 2016, out of the refunded amount of KRW 12 million due to the termination of the instant contract.
(hereinafter referred to as “the main text of the instant agreement”). (2) However, if the refund is not paid at the due date, the contract will be terminated.