(영문) 서울고등법원 2016.01.15 2015나2025301

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(영문) 서울고등법원 2016.01.15 2015나2025301

공제거래중지 및 공제계약해지무효확인

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1. Revocation of the judgment of the first instance, and the plaintiff's lawsuit of this case shall be dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (formerly changed: B corporation) is a corporation that runs general food sales business and multi-level marketing business, and the Defendant is a mutual aid association established for the purpose of guaranteeing consumer damage compensation and guaranteeing and financing for extraordinary sales pursuant to the Act on Door-to-Door Sales, Etc.

B. (1) On April 2012, the Plaintiff entered into a mutual aid transaction agreement with the Defendant during the contract period from April 24, 2012 to April 23, 2013, and was issued a certificate of mutual aid transaction by the Defendant on May 2, 2012. (2) The Plaintiff entered into a mutual aid transaction agreement with the Defendant on May 6, 2013, setting the contract period from April 24, 2013 to April 23, 2014 (hereinafter “instant mutual aid agreement”). On June 26, 2013, the Plaintiff was issued a certificate of mutual aid transaction from the Defendant on June 28, 2013.

The contents of the instant mutual aid agreement as of May 6, 2013, the Mutual Aid Agreement amended as of July 5, 2013, the Declaration as of June 26, 2013, and the Work Guide for the Prevention of Damage to Multilevel Sales by Large Students, cited in the said Declaration, are as follows:

Upon entering into a mutual aid agreement with the defendant, the plaintiff approves that the mutual aid agreement is subject to the "mutual aid agreement" and the "mutual aid payment clause" and the "mutual aid payment clause" of the mutual aid association, and agrees to the following provisions:

Article 1 (Period of Agreement on Mutual Aid Transaction) The defendant shall examine the application documents for mutual aid transaction submitted by the plaintiff and then issue a certificate of mutual aid transaction contract when the plaintiff approves the transaction of mutual aid, and the period of mutual aid transaction agreement shall be one year from the date of issuance of

Article 4 (Request for Correction) The defendant may issue a peremptory notice to the plaintiff for implementation with a grace period of at least ten days, if any ground falling under any of the following subparagraphs occurs, and the plaintiff shall be given within the deadline:

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