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(영문) 서울중앙지방법원 2020.08.18 2019가단5255617
수수료반환 청구의 소
Text

1. The defendant's KRW 14,738,950 for the plaintiff and 6% per annum from April 19, 2020 to August 18, 2020 for the plaintiff.

Reasons

1. Facts of recognition;

A. An unmarried Plaintiff, who was in a state, gave birth to C(204) and D(2) children, after the divorce in 2008, the Plaintiff was suffering from cancer at the time of the instant contract, and died on May 2016.

The adoption of children(C and D) of the U.S.A. EW-3(EW-3) was formulated on July 19, 2013, by establishing a plan to move to the U.S. immigration along with the U.S.A. EW-3(hereinafter referred to as the “instant contract”), and entered into an immigration mediation contract with the Defendant, who is an emigration broker, to provide the Plaintiff with the U.S. immigration services to ensure that the Plaintiff is able to move to the U.S. with the U.S. employees, including the acquisition of employer and consultation for the U.S. employment. The main contents are as follows.

Article 1 (Term of Contract and Renewal)

1. The term of validity of this Agreement is from the date of preparation of this Agreement to the date of acquisition of interest and visa by B (hereinafter referred to as “Plaintiff”).

Article 2 [Defendant A (hereinafter referred to as "Defendant")

1) 【Duties】

1. 1) Advice, consultation and mediation of procedures for immigration, 2) review of applications for permission of immigration, and submission to the Government of the United States of America to the Government of the United States of America; 3) all measures to acquire immigration visa from the Embassy of the United States of America in Korea, such as local lawyers and cooperation, until the Government of the United States of America delivers the written approval of immigration to the applicant;

2. Guidance on emigration 1) notification, 2) guidance on the issuance of residence passport, 3) guidance on physical examination, 4) guidance on interview of the Embassy in Korea, 4 (Fees-related expenses of Article 2(1));

1. Domestic brokerage commission: 1,000,000 won (excluding surtax); and

2. Overseas brokerage commission: US$ 26,000.

3. When a contract is made for the method of paying fees: US$ 9,000 1,100,000 (domestic fees, additional taxes) for the acquisition of labor permits: At the time of the acquisition of the approval for emigration of US$ 9,000 (within two weeks): US$ 8,000 (Refund of fees) for the payment of fees.

1. The defendant intentionally or intentionally.

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