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(영문) 서울고등법원 2015.07.03 2014나46305
회원자격 강제 탈퇴처리무효
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are dismissed, respectively.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

Reasons

1. Basic facts

A. The Defendant is a stock company with the purpose of manufacturing and manufacturing cosmetics, food, health auxiliary food, retail business, etc., and the multi-level distributor as prescribed by the Door-to-Door Sales Act was changed from August 14, 2014 to NANBE Co., Ltd.

B. The Plaintiff entered into a membership contract with the Defendant around 2004 and, on January 21, 2014, had been engaged in selling the Defendant’s product or recruiting subordinate members, and received allowances from the Defendant.

C. The Defendant’s multi-level marketing salesperson structure consists of eight stages, such as members, First Clas, SCs, Pearl Clas, GCs, DIAs, PD (Prime Dmon), WBbes. The Plaintiff was the highest grade WB.

Around January 21, 2014, the Defendant notified the Plaintiff of “Compulsory withdrawal from membership” on the ground that “the Plaintiff was admitted as a member of B (B) (hereinafter “instant company”) which is a multi-level multi-level company for which the Plaintiff borrowed the name of son, and was allowed to join and work for the instant company (PD) and D (DIA) which is a member of the Defendant, and such act constitutes grounds for ex officio termination of membership prescribed by the Defendant’s Membership Activity Regulations (hereinafter “Membership Activity Regulations”).

(hereinafter referred to as “instant withdrawal”). (e)

The contents of the membership activity regulations cited by the Defendant as the grounds for the withdrawal of the instant case are as follows.

§ 15 (Ex Officio Termination) We may ex officio terminate the membership of a person who falls under any of the following subparagraphs:

(4) A person who interferes with the normal business of the Republic of Korea or its members (5) who commits an act contrary to the interests of the Republic of Korea or its members on the grounds of such acts as impairing our reputation [Interference with business] Article 33 (Interference with Business]

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