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(영문) 서울중앙지방법원 2014.05.22 2013가단153738

손해배상(기)

Text

1. The Plaintiff, Defendant A, and Defendant B, Defendant B, KRW 32,615,736, and each of them, from February 9, 2012 to May 22, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff, a global corporate entity of California, California, is Sunrier Ltd. established in the Republic of Korea, is Sunriered from 1995 to a subsidiary company within the Republic of Korea, and operated a multi-level marketing business to sell health, food, cosmetics, etc. of its head office in the Republic of Korea. The Plaintiff discontinued the multi-level marketing business as of January 31, 2009 and converted into a franchise business. The Defendants concluded the agreement with the Plaintiff.

B. On January 31, 2009, the Plaintiff closed a multi-level marketing business, and then terminated a mutual aid agreement concluded with a direct sales mutual aid association pursuant to the Act on Door-to-Door Sales, Etc., and requested the said association to return its contribution.

C. On April 28, 2009, Defendant A, as the 28 designated parties including himself, obtained a provisional seizure order against the Plaintiff’s direct sales mutual aid association in the amount of KRW 190,482,50 out of the amount refunded to the Plaintiff’s direct sales mutual aid association by using the claim amount of KRW 114,464,29,294, dividend amount of KRW 285,070 against the Plaintiff as the Seoul Central District Court Decision 2009Kadan428, Apr. 28, 2009. The above decision reached the third debtor’s direct sales mutual aid association.

The Defendants, as Seoul Central District Court Decision 2009Kadan4382 on April 30, 2009, filed a claim against the Plaintiff for the damages claim (Defendant A’s KRW 196,224,504, Defendant B’s KRW 337,902,300) against the Plaintiff’s direct sales mutual aid association (hereinafter “the provisional attachment order of this case”) and received a decision on the provisional attachment of claims against KRW 534,126,804 out of the amount of the Plaintiff’s direct sales mutual aid association. The above decision reached the direct sales mutual aid association, the garnishee of April 30, 2009.

E. According to the mutual aid provision of the direct sales mutual aid association, the refund of contributions should be completed after the three-month grace period is terminated if the mutual aid transaction agreement is terminated, and the actual settlement should be completed, which eventually results in the completion of settlement four months after the date of actual termination.