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(영문) 서울중앙지방법원 2019.02.13 2018나9738
알선료반환
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

(a) Conclusion of a non-self-denunciation agency contract. Article 2 (Obligation of Defendant)

1. Selection and management of overseas good offices;

2. Counseling and consultation on procedures for immigration and continued consultation with overseas good offices;

3. The defendant's obligations are terminated upon the acquisition of U.S. visa by the plaintiff.

Article 3 (Obligation of Plaintiff)

1. Preparation, preparation, and submission of basic and additional documents necessary for filing an application for entry permission related to emigration;

2. Payment of prescribed fees for domestic immigration intermediation services and overseas immigration brokerage services;

4. All responsibilities for a visa shall be determined on the delegation of the Plaintiff.

Article 4 (Mediation Fee)

1. The plaintiff shall pay the defendant the following expenses when the defendant performs the duties of immigration control:

In the case of a contract for domestic brokerage fee of KRW 990,000, the sum of USD 18,000 after issuance of 4th USD 3,000 visa within a week after the approval of the second USD 5,000 labor performance within one week after receipt of the first USD 5,000 labor performance; and

1. Re-receiving may be made without additional expenses according to the intention of the worker concerned;

2. In the event that the plaintiff does not want the non-self-denunciation any longer due to labor or non-re-employment dismissal, or non-employment verification, the plaintiff may request a refund and refund 90% of the amount already paid.

3. Refunding currency: A refund shall be made in the currency in which the plaintiff pays to the defendant and the defendant confirms the deposit.

Article 8 (Additional Provisions for Refund) In any of the following cases, the defendant shall not refund the brokerage fee:

1. Article 9 (Notice and Acknowledgement)

7.In the process of immigration clearance, recognizing that any inevitable delay in the issuance of visa to the relevant ministries and agencies, such as the period of preparation before and after receipt of documents, the period of approval after receipt, and the domestic speed, may occur, and mutually cooperate as much as possible.

8. The plaintiff confirmed that the term of validity can be prolonged by the U.S. immigration policy, and the extension of the term of validity or the extension thereof.

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