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(영문) 대전지방법원 천안지원 2021.01.14 2018가단8756
손해배상
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts without dispute;

A. On November 2017, the Plaintiff, as the head of the D Center of the multi-level sales chain C Co., Ltd., joined the Defendant (name G in Japan), who is running a store with the NA and the Defendant (name G in Japan), as a sales member of the said company, as the introduction of E-mail (name F in Japan) residing with the NAW around the end of the pertinent year.

B. Since then, the Defendant joined the branch as its subordinate sales member, and between December 20, 2017 and February 3, 2018, the Plaintiff supplied the Defendant with health functional foods, processed foods, cosmetics, and consumer products (hereinafter “instant goods”) equivalent to KRW 15,585,720 in total, which are produced by C Co., Ltd., to the Defendant.

2. The plaintiff's assertion

A. The Defendant sold the instant goods to Japanese consumer members and non-member members, and then decided to divide the sales proceeds to the Plaintiff by the end of each month, and embezzled the instant goods by arbitrarily using KRW 20,582,850, not paying the Plaintiff the sales proceeds until March 31, 2018, notwithstanding all sales of the instant goods.

B. The defendant has the ability to open the C Center to Neman

I would like to operate the sales business together with the plaintiff.

In addition, the Plaintiff purchased the instant goods in Korea and delivered them to Japan. On the other hand, the Plaintiff performed duties, such as ① from November 21, 2017 to December 24, 2017, ② from December 19, 2017 to December 21, 2017, ③ from January 25, 2018 to January 28, 2018, ④ from May 26, 2018 to May 29, 201.

However, the Defendant did not own a building in the Geman department, and used goods sales proceeds at will, etc., and did not properly engage in the business for establishing the Center with Neman and Neman. As a result, the Plaintiff suffered losses from expenditure of the same expenses as indicated in the following table.

1,147,200 won for the air freight in Japan 2.3.

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