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(영문) 서울중앙지방법원 2016.12.22 2016가단5015061
손해배상(기)
Text

1. Defendant A’s KRW 188,367,045 as well as 5% per annum from March 13, 2014 to February 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the multi-level marketing business.

B. Defendant A was a member of the Plaintiff, who was a member of the Plaintiff, and was indicted for the following crimes of fraud, etc. and was sentenced to three years from the Busan High Court on July 20, 2016.

Defendant (this refers to Defendant A; hereinafter the same shall apply) is a pre-member of the Victim Plox Co., Ltd. (referred to as the Plaintiff; hereinafter the same shall apply), a multi-level company selling cosmetics, and the Defendant or its subordinate members paid a certain amount of sales allowances to the Defendant whenever the Defendant or its subordinate members purchase the goods of the Victim Co., Ltd.

On September 14, 2013, C, a member of the victim, requested approval of KRW 1,234,567,890 for the purpose of confirming the method of settling the price for goods through the computer network of the victim company and made payment by his credit card. In fact, even though only KRW 12,345,00,000 on the part of the victim company, the victim company was made payment due to the error in the settlement system of the victim company, but only KRW 1,234,567,890 on the part of the victim company was made a normal settlement, and C provided a "D" with an approval number for the settlement to its upper

At that time, the Defendant secured its subordinate members who received the above approval number from the non-member and purchased goods under the name of its members, and settled the price of the goods using the "D" with the approval number, which was treated as having been settled in advance, and thereby, intended to obtain sales payment from the purchase of the goods and goods.

Around January 31, 2014, the Defendant: (a) voluntarily prepared an application for entry of E in the name of E by using the resident registration certificate and copy of passbook at Aprolong Kim Jong-gu, Inc., Ltd., Ltd., Ltd., which was located in Kimhae-si, 1257-2, and (b) intended to enter E as a subordinate member of the Defendant; and (c) would have purchased Apro-known products equivalent to KRW 2,727,0

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