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(영문) 서울중앙지방법원 2018.06.29 2015가합553384
손해배상(기)
Text

1. The Defendants jointly share USD 122,746 in U.S. dollars to the Plaintiff and December 3, 2012 with regard thereto from December 3, 2012 to December 2015.

Reasons

1. The Defendant Company B (hereinafter “Defendant Company”) is a corporation with the objective of studying abroad good offices.

around August 2012, Defendant C and F agreed to have 1/2 the shares of the Defendant Company, and Defendant C and F were practically operating the Defendant Company while mainly taking charge of the management and funding of the Company, and Defendant D were the representative director on the corporate register, and Defendant E was in the position of director in charge of practical affairs such as customer management and expenditure resolution.

On August 24, 2012, the Plaintiff reported a newspaper advertisement for the Defendant Company with the purport that “A citizen of a certain country which has entered into the International Navigation Treaty or Trade Investment Treaty with a non-resident of the U.S. may invest a considerable amount of capital by establishing or acquiring a company in the U.S., or issue a non-resident who is entitled to visit and stay in the U.S. to directly expand or operate an invested company,” and requested the Defendant Company to issue a visa to the Defendant Company. On August 24, 2012, in collusion with the Defendant F, the Plaintiff invested the amount of USD 300,00 (hereinafter referred to as “$”) in the U.S. company to the effect that the Plaintiff’s spouse would be able to obtain a e-2 visa by establishing a private teaching institute in the U.S. or accepting an existing private teaching institute, and that the Plaintiff’s spouse would be 10,000 if the Plaintiff’s spouse was issued a e-2 visa and that e-2 visa would be refunded or terminated.”

However, it is not possible to issue the above visa by September 27, 2012 because the procedure such as document preparation and interview reservation is required for the issuance of visa E-2 visa, and at least one month has passed since the time has passed at least one month. Defendant C and F are the Plaintiff’s investment funds.

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