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(영문) 서울중앙지방법원 2018.01.17 2017가단5071839
손해배상(기)
Text

1. Defendant C Co., Ltd. shall pay KRW 53,00,000 to the Plaintiff as well as its annual period from September 5, 2017 to January 17, 2018.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant C (hereinafter “Defendant Company”)

A) A company is established for the purpose of overseas job placement and completed registration with the Ministry of Employment and Labor around October 2010, and is engaged in job placement, job placement, employment visa application, etc. The defendant B was in charge of the plaintiff's duties as a director of the defendant company, and the director D is also an employee of the defendant company. 2) The plaintiff is a beauty artist with her husband E.

B. On November 12, 2015, the Plaintiff called the Defendant Company to explain the Canadian immigration program. D chief explained to the Plaintiff that the Plaintiff accepted beauty rooms in Canada and provided the Defendant Company with employment visa through his own employment and employment visa. 2) On November 13, 2015, the Plaintiff: (a) between the Defendant Company and the Defendant Company; (b) on November 13, 2015, the Defendant Company received an employment visa of KRW 10 million and received an employment visa of KRW 10 million from the Defendant Company to perform all duties for the acquisition of the Plaintiff’s employment visa in Canada; and (c) determined the “contract on behalf of non-employment visa.”

(hereinafter “Employment visa contract”). Of the employment visa contract, the obligations of the Defendant Company are as follows:

The Plaintiff transferred KRW 10 million to the Defendant Company’s account on the same day.

C. 1) The Defendant Company is the F (company name: G company; hereinafter “G”) resident in Canada.

) On November 2015, two Korean beauty artists were employed by Canada around 2015. 2) D chief sent the Plaintiff on November 12, 2015 the term “business license agreement” with the content of entrusting the Plaintiff with the content necessary to take over the cosmetic of Canada’s coober’s cosmetic.

The contract was signed by F, and the plaintiff signed it and sent it to D vice president.

3) On November 18, 2015, the Plaintiff transferred KRW 25 million to the Defendant Company’s account. 4) On November 30, 2015, F transferred the Plaintiff’s father H 99% in Canada, and F as a shareholder of KRW 1%.

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