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(영문) 서울중앙지방법원 2020.09.10 2019나72627
수수료반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Duties of Article 2 (A) of the Basic Facts;

1. Domestic brokerage services 1-1. All acts related to brokerage services conducted in the Republic of Korea, such as sending a guide for advertising and explanatory sessions through various media, receipt of individual counseling and documents, review, etc.;

2. Overseas brokerage services 2-1. Foreign brokerage services 2-1. All activities to secure an employer of “B” through a local transfer arrangement of “B” and “B” on the part of “B”; and 2-2. Overseas brokerage services 2-2. Application for and issuance of employment immigration licenses by U.S. attorney-at-law in the United States of America, and processing of applications for employment immigration licenses and issuance of immigration visa applications and issuance (Definition and payment of fees for employment immigration of the United States).

1. Domestic brokerage commission: 90,000 won (in case of a contract, payment);

2. Overseas brokerage fees: US$ 18,000.00 shall be paid in installments as follows:

2-1. 1. The first fee (at the time of a contract) - the fee of 5,000 US$ 5,000 2-2.2 (at the time of labour permission) - the third fee of 5,000 2-3. (at the time of approval for immigration) - the fee of 4,000 US$ 4,000 - the fee of 4,000 4,000 US$ 6 (Refund of the fee)

1.After concluding a contract, 90,000 won (including value added tax) which is a domestic intermediary fee (including value added tax) shall not be refunded in no case.

2. Where it becomes impossible to issue a visa for employment due to reasons attributable to A after the conclusion of a contract, full amount of the fee received pursuant to Article 4 (2) shall be refunded to "B";

(Provided, however, the refund shall be made in US$ and US$, and in the event that "B" deposits overseas fees in Korean currency, the refund shall be made in Korean currency on the same day by converting "exchange rate" into US$$. Domestic brokerage fees shall be excluded). 2-1. If it is impracticable to proceed with employment immigration visa due to bankruptcy of the employment company, cancellation of employment, etc., "B" will continue to proceed with employment immigration through other employment companies where employment immigration is available.

2-2. Interest by the change of immigration policy of the Government of the United States of America.

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