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(영문) 서울중앙지방법원 2018.06.20 2016가단5264191
원상회복등의 청구
Text

1. As to the Plaintiff’s KRW 990,00 and USD 70,000 and its KRW 990,000, the Defendant shall start on October 9, 2013.

Reasons

1. Basic facts

A. On October 9, 2013, the Plaintiff entered into an emigration arrangement agreement with the Defendant (hereinafter “instant arrangement agreement”) with the head of the U.S. immigration to live together with his/her children studying in the U.S., and entered into with his/her family member emigration arrangement agreement (hereinafter “instant arrangement agreement”).

Article 2 (Obligation of Defendant)

1. Selection and management of overseas good offices;

2. Advice and consultation on procedures for immigration in consultation with overseas good offices;

3. The defendant's obligations are terminated upon the acquisition of U.S. visa by the plaintiff.

Article 4 (Mediation Fee)

1. The plaintiff shall pay the defendant the following expenses to USD 25,00,000 in total prior to the receipt of the interest country, when the defendant entered into a contract of USD 990,000 in Korea, for the second time after the approval of labor relations between USD 25,00 in the second time, and USD 20,000 in the second time after the approval of labor relations between USD 25,00 in the second time.

2.Separate Expenses: Separate Expenses shall be as follows and not be refunded:

1) Article 5 (Definition of Brokerage Fee) of the U.S. dollars 405 U.S. dollars 165 U.S. dollars 405 U.S. dollars 405 U.S. dollars 405 U.S. dollars 165 U.S. dollars

1. The term "domestic brokerage fee" in Article 4 means ordinary business expenses, including transportation expenses, promotion expenses, office expenses, and business profits, incidental to the performance of brokerage services;

2. The term "foreign brokerage fees" in Article 4 means ordinary business expenses, including transportation expenses, promotion expenses, office expenses, and business profits, which are incurred by an overseas brokerage company in performing its brokerage duties, and which are paid to an overseas brokerage company without having the plaintiff performed its brokerage duties abroad;

Article 8 (Refundable Provisional Provisions) In any of the following cases, the defendant shall not refund the brokerage fees:

1. Where the Plaintiff has waived his/her immigration control;

2. Where he/she fails to comply with the defendant's advice to acquire the visa;

5. The defendant's overseas good offices, etc. without consultation with the defendant.

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