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(영문) 서울중앙지방법원 2019.01.11 2018가단5021817
기타(금전)
Text

1. The Defendants jointly do so to the Plaintiff (Appointeds) KRW 20,225,70, KRW 19,850,400, and KRW 19,850,400 to the Appointeds E.

Reasons

1. The fact that there is no dispute with him/her;

A. As between February 5, 2016 and April 23, 2016, the Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) entered into a contract on the arrangement of employment-based emigration workers (EW3) with Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “instant contract”).

The instant contract contains the following provisions:

3. Fees;

1.For the acceleration of U.S. immigration, the customer agrees to pay domestic fees (990,000) and overseas fees ($25,00) to B as follows:

(1) At the time of a contract: $990,00 ($8,000 in the case of Appointed D, E, or F) within two months after receipt of an application for labour permit: $4,500 (no item exists in the case of Appointed D, E, or F) within two weeks after approval of the labour permit: $8,000 ($9,00 in the case of Appointed D, E, or F) within two weeks after approval of the labor permit: $8,000 ($9,000 in the case of Appointed D, E, or F)

2.The above fees shall not include incidental expenses, such as interest filing fees ($580) and Embassy visa fees ($345).

4. Return clause; and

1. If, without any negligence on the part of a customer, the refusal to issue a labor permitr, or the approval of the United States immigration is refused, B shall refund the full amount of the overseas commission paid by the customer, 990,000 won, or secure a new employer without any additional cost to complete the procedures for issuance of permanent sovereignty;

2.However, if the cause is attributable to a customer, no fee shall be refunded.

3. If the principal waives his application for objection, the delay shall be terminated without refund of any fee.

4. The standards for refund shall be converted into and refunded to won by the customer at the time of payment of the fee.

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;

The U.S. employer is first in the U.S. Ministry of Labor.

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