beta
(영문) 수원지방법원 2017.06.15 2016가단504212

손해배상(기)

Text

1. The Defendant’s KRW 4,840,00 and the Plaintiff’s annual rate of KRW 5% from May 21, 2016 to June 15, 2017.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion is the person who operates the so-called “C” (hereinafter referred to as “C”) of the illegal multilevel marketing and the similar receiving company.

The Defendant, by deceiving the Plaintiff that it would be able to obtain high profit if the Defendant purchased a sports device, such as sound and vibration, and entrusts the company with the purchase thereof, and by deceiving the Plaintiff to acquire KRW 20,519,290 in total from July 15, 2014 to December 30, 2014, the Defendant is obligated to pay the said money to the Plaintiff as compensation for damages caused by tort.

B. (1) In full view of the purport of the entire pleadings, the fact that the Defendant’s liability for damages was established and operated by the Defendant is without dispute between the parties. In full view of the purport of each statement in Gap’s evidence Nos. 1 through 13 (including a serial number), C, upon recruitment of its members and being registered as a salesperson belonging to the Plaintiff or an agency, recommended its members to assign class according to the sales amount, pay the corresponding pay and pay the sales amount. The Plaintiff agreed to purchase one of the noise and vibration amounting to KRW 9,680,000 from C on December 30, 2014, and transferred the price to the said company. The Defendant’s chief executive officer and employees including C, etc., were subject to criminal punishment for violation of the Door-to-Door Sales Act, the Regulation on Unauthorized-to-Door Sales, etc., Act on Regulation of Similar Receipt, and criminal punishment for violation of the Act on Door-to-Door Sales, Etc., Act No. 20160, Dec. 30, 2014.

According to the above facts, the defendant shall inflict damage on the plaintiff by the act of fund-raising as prohibited by law.