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Reasons
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(영문) 서울남부지방법원 2019.04.18 2017가단243758
용역비
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1. The Defendant’s KRW 7,203,062 with respect to the Plaintiff and KRW 6% per annum from March 5, 2013 to April 18, 2018.

Reasons

1. Presumed factual basis

A. The Plaintiff is a stock company with the purpose of overseas fee-charging job placement business, etc., and the Defendant is a stock company with the purpose of supplying hardware, equipment, lectures, buildings assembly business, etc.

The defendant has executed D Corporation in Canada, Alberta State.

B. On April 7, 2012, the Plaintiff received a request from the Defendant to 71,00 CAD (Canadian dollars and 1,000 CAD per worker) for the issuance of a visa to the said worker 71 employed in Canada (hereinafter “instant agency contract”).

C. Accordingly, the Defendant paid the Plaintiff the 21,300 CAD on April 30, 2012, and the 21,300 CAD on July 19, 2012, respectively. On March 4, 2013, the Plaintiff claimed the Defendant to pay the 3rd 28,400 CAD.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 10-1, 3, the purport of the whole pleadings

2. The Plaintiff’s assertion of the parties concerned seeks payment of the remainder 28,400 CAD (the exchange rate of KRW 30,458,432 at the time of filing a claim on March 4, 2013) to the Defendant under the instant agency contract.

The defendant asserts that since the defendant issued only 36 employees, not 71 employees, the balance is not 28,400 CAD but 14,400 CAD (28,400 CAD x 36/71) and all of them were paid.

3. Determination

A. The purpose of the instant agency contract is “to make a decision through consultation on LMO necessary for the process of entering Canada by the above workers and on various procedures to receive employment visa.” The Plaintiff and the Defendant’s duty to the Plaintiff is “(i) to regularly understand the Defendant’s accurate information at all times as to the progress situation, (ii) to provide the Defendant’s duty to promptly respond to the Defendant’s request.” (i) to recruit and employ lawful workers in the standards for appointment of Canada, and (ii) to keep up documents that are accurate and defective necessary for cooperation in business affairs.”

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