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(영문) 서울고등법원 2015.08.21 2014나60813

사해행위취소 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On September 28, 1999, the Defendant and C’s multilevel marketing salesperson activities were the legal couple who reported marriage on September 28, 199, and they were divorced on April 17, 2015 by the Seoul Family Court 2015p.1082.

Manab Korea sells various health functional foods, such as health beverages, through multi-level marketing network as prescribed by the Door-to-Door Sales Act. Multi-level marketing salespersons are paid sales commission and fees based on the results of multi-level marketing (hereinafter referred to as "multi-level marketing salesperson of Manab Korea"). The Defendant and C subscribed to a multi-level marketing interview (hereinafter referred to as "multi-level marketing interview") with a mother and non-Korean joint members on February 11, 201 with the Defendant as the main business operator of Manab Korea and the Defendant as the secondary business operator, and first subscribed to a multi-level marketing interview (hereinafter referred to as "multi-level marketing interview"), through the foreign exchange bank account established in the name of Mana Korea by November 11, 2011.

However, on November 16, 2011, the Defendant and C changed the name of the main business operator of the joint multi-level marketing salesperson C to the Defendant, and received support allowances through the new bank account opened in the name of the Defendant from November 18, 2011.

The Plaintiff’s claim and debt collection Plaintiff filed a lawsuit against C with Seoul Southern District Court 201Gahap6947, and the said court rendered a judgment on December 9, 201, stating that “C shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from August 30, 2008 to the date of full payment,” and that “C shall pay to the Plaintiff the amount calculated at the rate of 351 million won and the amount calculated at the rate of 20% per annum from August 30, 2008.” The judgment became final and conclusive around that time.

(2) On May 2, 201, the Plaintiff’s claim based on the above judgment (hereinafter “Plaintiff’s claim against C”). On May 2, 201, the Plaintiff’s claim against Non-Korea by the Seoul Southern District Court Decision 201Kadan3020, the amount equivalent to KRW 50 million, out of the bonuses it has against Non-Korea.