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

The defendant.

1. The reasoning for this part of the judgment of the court is the same as that of Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of the reasoning of the judgment of the court of first instance is cited.

2. The plaintiff's assertion

A. The plaintiff claims for the refund of fees and the claim for damages on the grounds attributable to the defendant (1) that the plaintiff could not finally be issued with the interest rate for employment under the contract of this case due to the following reasons attributable to the defendant. Thus, the plaintiff asserts that the contract of this case is terminated in accordance with Article 6 subparagraph 2 of the contract of this case, and that the defendant is obliged to return the fees of 23,272,500

① The Defendant did not notify the Plaintiff of the result of the Plaintiff’s drug examination and physical examination before submitting an application for labor permit, thereby making the Plaintiff unable to obtain the interest rate due to the lack of documents.

② According to the U.S. immigration-related laws and regulations, an employer in the U.S. fully bears the relevant expenses. However, the Defendant paid an excessive remuneration to H with the Plaintiff’s illegal Brazil at the Plaintiff’s expense, thereby preventing the Plaintiff from being issued a visa due to a violation of the U.S. Civil Code.

③ On December 28, 2016, when the instant lawsuit was pending, the Defendant unilaterally withdrawn the Plaintiff’s petition without the Plaintiff’s consent, thereby making it impossible for the Defendant to issue the Plaintiff’s petition as a visa.

(2) Next, the Plaintiff’s failure to issue the Plaintiff’s interest visa due to the above reasons attributable to the Defendant, which caused damages to the Plaintiff by intention or negligence, by the Defendant: (i) failure to perform the instant contract due to incomplete performance or impossibility of performance; (ii) failure to perform a tort; or (iii) overseas labor supply business entity under Article 34-2 of the Employment Security Act.