beta
(영문) 서울고등법원 2015.09.09 2014나2034193

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a multi-level marketing company under the Act on Door-to-Door Sales, Etc. (hereinafter “Door Sales Act”), which aims at selling communications equipment.

The defendant union is a mutual aid association established in accordance with Article 38 of the Door-to-Door Sales Act for the purpose of insurance business for consumers' damage caused by multi-level marketing business.

B. On December 2010, the Plaintiff entered into a mutual aid transaction agreement with the Defendant Union for a period of one year, and then has renewed the mutual aid transaction agreement prior to the expiration of the agreement period.

The main contents of the mutual aid transaction agreement (hereinafter “instant mutual aid transaction agreement”) between the Plaintiff and the Defendant Union on December 28, 2012 are as follows:

The plaintiff of the mutual aid transaction agreement shall approve that the defendant union's "mutual aid provision" and "mutual aid payment provision" and "mutual aid payment clause" apply to the conclusion of mutual aid transaction agreement with the defendant union, and shall agree to the following provisions:

Article 1 (Period of Agreement for Mutual Aid Transactions) The Defendant Union shall examine the application documents for mutual aid transactions submitted by the Plaintiff and then issue a certificate of mutual aid transaction contract when the Plaintiff approves mutual aid transactions, and the period of mutual aid transaction agreement shall be one year from the date of issuance of the certificate

§ 18 (Regulations) (1) Matters not provided for in this Agreement shall be determined by the Acts and subordinate statutes of the Republic of Korea, the articles of incorporation of the defendant association,

(c) Where the articles of association, mutual aid regulations, etc. are amended with the approval of the Fair Trade Commission, the relevant provisions of this agreement shall be deemed to be amended as stated in the articles of association, mutual aid regulations

C. Meanwhile, with the amendment of the Mutual Aid Regulations on July 4, 2013 with the approval of the Fair Trade Commission, the Defendant Mutual Aid Association may terminate the Mutual Aid Agreement immediately where the act of omitting a false sales declaration was habitually committed at least twice a year (Article 14(2)8 of the Mutual Aid Regulations).