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(영문) 청주지방법원 2017.01.13 2016가단100317

해약금 등 반환

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The name of Defendant Incorporated Foundation Y (hereinafter “Defendant Incorporated”) was modified in AE (hereinafter “E”) around March 26, 2014, and the purpose of Defendant Incorporated Foundation Y (hereinafter “Defendant Incorporated”) was the establishment, management, and sale of a charnel hall and a charnel hall, and Defendant AA entered into an agreement with AE on supply of a charnel hall on November 9, 201, and is the representative of “AF” to sell a wing hall in lots.

B. In Daejeon District Court Decision 2015Da3073 decided August 10, 2016, Defendant A, AB, AC, and AD sold one unit of AE at a successive and phased stage without registering multi-level marketing business, and Defendant AA was convicted of having established, managed, or operated a multi-level marketing organization until January 31, 2013, Defendant A, AB, AC, and D were convicted of having committed a crime of establishing, managing, or operating a multi-level marketing organization until December 27, 2012. In addition, Defendant A was convicted of having obtained a compulsory auction on a total sum of KRW 2,339,360,870 for the claim amount of KRW 2,335 square meters at AH cemetery site in the wing-gun, Hongsung-gun, a building site in which the Guide was sealed, by means of a compulsory auction around 301 million won.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 9-1, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs asserted that they concluded a sales contract with AE and AG sealing, and the remaining Defendants, as well as AE, conspired with each other to make false and exaggerated advertisements, and actively silented the matters to be notified, thereby cancelling the sales contract with the defendant corporation. Thus, the defendants are obligated to return money in the form of restitution to each of the plaintiffs, or the defendants are obligated to return money in the form of restitution to their original state, as joint tortfeasors of intention or negligence.