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(영문) 서울동부지방법원 2016.12.02 2016가합255

손해배상(기)

Text

1. The Defendants jointly do so to the designated parties listed in the sequence 2 to 55 of the Plaintiff (Appointeds) and the Attached List of Appointeds.

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) is a company engaged in the sale and purchase of sports equipment and the consignment siren business. The F substantially operates E, and the person in charge of the work of developing high-profit marketing programs for the apparatus rental business and holding an investment presentation meeting. The Defendants as the advisers of E are those who are in charge of the management of equipment and the inspection of the status of business operation of each region’s total board and agency’s business as advisers, and the Plaintiff (the appointed party; hereinafter “Plaintiff”) and the designated parties listed in Nos. 2 through 55 of the [Attachment List Nos. 2 through 55 of the designated parties (hereinafter “Plaintiffs, etc.”) purchase sports equipment from E and engage in rental consignment contracts.

B. If the F and the Defendants: (a) around August 1, 2014, by having G, a salesperson, purchase 3,960,000 per annum (s) to A; and (b) again entrust E with the purchase of 3,960,000 per annum, F and the Defendants would distribute monthly earnings for 12 months; and (c) purchase 60% per annum at the price after maturity and pay 40% per annum profits.

“The purpose of “” is to encourage investment to receive KRW 3,960,00 from A as the price for purchasing a device, and to receive KRW 8,800,000 on October 13, 2014, and KRW 20,460,00 on December 15, 2014, respectively, and to receive KRW 7,70,000 on December 15, 2014 by the same method, and to receive KRW 20,460,00 in the same manner as indicated in the purchase amount and dividend amount for each of the designated parties, but only distributed some of the proceeds to the Plaintiff, etc. as indicated in the same.

C. On September 24, 2015, F and the Defendants were sentenced to both the violation of the Door-to-Door Sales, etc. Act, the violation of the Regulation on Door-to-Door Sales, etc. Act, F as a crime of fraud, 12 years of imprisonment, 6 years of imprisonment, 6 years of imprisonment, and 4 years of imprisonment (the Jeonju District Court 2015Da802), F and the Defendants’ appeal were all dismissed, and the above judgment became final and conclusive.