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(영문) 서울중앙지방법원 2017.09.29 2016나61268

대여금

Text

1. The plaintiff's appeal and the defendant B's appeal are all dismissed.

2. The costs incurred by the Plaintiff’s appeal are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Co., Ltd. (hereinafter referred to as “non-party company”) has completed registration under the Door-to-Door Sales Act and has been paid allowances according to the criteria set by the company when a person who has joined a multi-level marketing business as a multi-level marketing operator sells the company’s product to consumers or recruit assistant multi-level marketing members.

D was working as the top-class salesperson of the non-party company around 2004, and the defendant B joined as the subordinate salesperson of the non-party company on February 7, 2014.

Defendant C, as the omission of Defendant B, was admitted to the position of a sub-council company on March 27, 2014.

B. On March 31, 2014, Defendant B asked the Plaintiff, who became aware of the introduction of F, a salesperson of the sub-committee, to use money, and the name of Defendant B, stated “E” as “E,” but this appears to be a simple clerical error. It appears to be a simple clerical error with the purport that the Plaintiff’s payment period of KRW 60 million is determined and borrowed at the rate of March 31, 2015 and 2% per month (payment on March 31, 2015) (hereinafter “the instant loan certificate”, and the loan based on the above loan certificate, was issued to the Plaintiff.

The Plaintiff demanded the provision of H land and ground buildings owned by the Defendant C as security, and the Defendant C said that the Plaintiff would offer a security after delivering his own seal and the Defendant C’s seal created by himself, a certified copy of the Defendant C’s resident registration, a certified copy of the personal seal impression, and a certified copy of the business registration certificate.

The Plaintiff issued one copy of the above loan certificate to Defendant B on its job (Defendant B submitted it as No. 1) and the original copy was kept by the Plaintiff.

Unlike the above copy kept by Defendant B, Defendant B’s seal is a stamp that Defendant B issued to the Plaintiff on the side of the unmanned, unlike the original copy kept by Defendant B.

(e).