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(영문) 전주지방법원 2018.02.14 2015가합5070
손해배상(기)
Text

1. Defendant FT, FU, FV, and FW together with each of the funds listed in the separate sheet column for the plaintiffs.

Reasons

1. Facts of recognition;

A. FY Co., Ltd. (hereinafter “FY”) is a corporation established on May 7, 2013 for the purpose of selling sound vibration sports equipment and chain store recruitment business, etc.

Defendant FT, FU, FV, and FW (hereinafter referred to as “Defendant advisers”), an adviser, have been in charge of regional total sales and agency’s machinery management and inspection of business conditions, etc., and Defendant FX is a FY’s director.

B. From June 3, 2013 to June 2, 2015, the Defendant advisers, along with GA, who is the actual operator of FY, and the representative director, established 86 total plates and 401 agencies nationwide, including Seoul, Gyeonggi, Busan, Gyeongnam, and Ulsan. The Defendant advisers concluded an entrusted management agreement with many and unspecified persons to sell and sell medical devices, such as sound vibrations, shots, and fingers, and to operate the equipment by means of lease, etc. upon commission by FY, after paying 80 to 90 to 120 months after the expiration of the purchase amount. The Defendant advisers paid 50% of the purchase amount to the purchaser of the equipment, who entered into the entrusted management agreement, and paid 40% of the purchase amount to the purchaser of the equipment.

C. Although it is impossible for the Defendant Advisor to pay the proceeds of opening the principal to senior buyers unless a new buyer is confined in the course of operating the instant business, if the sales commission purchases a letter-to-date instrument equivalent to KRW 7 million from July 12, 2013 to GD and re-commissions it to the company, the sales commission would pay the proceeds of KRW 50,000 per annum after the maturity of 50% after purchasing the instrument at the price of KRW 50% per annum 42% per annum.

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