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1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 379,021,536 to the Plaintiff and Defendant Hachidi Co., Ltd.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation that has obtained authorization from the Fair Trade Commission to compensate for damages to multi-level marketing consumers pursuant to Article 38 of the Door-to-Door Sales Act (hereinafter “Door-to-Door Sales Act”); a multi-level marketing business operator is a corporation that has established a guarantee of consumer damage compensation and a guarantee necessary to run the extraordinary sales business with its members.
Defendant Haba Co., Ltd. (hereinafter “Defendant Company”) is a multi-level marketing business operator.
B. On August 30, 2013, the Defendant Company entered into a mutual aid transaction agreement between the Plaintiff and a consumer and a multi-level marketing salesperson (hereinafter “beneficiary”) with the content that the Plaintiff would pay mutual aid money to the beneficiary upon the beneficiary’s application for mutual aid (hereinafter “instant mutual aid transaction agreement”). Accordingly, the Defendant Company paid the Plaintiff KRW 210,000,000 to the Plaintiff as an investment, if the Defendant Company did not perform its obligation to withdraw the beneficiary’s subscription, cancel the contract, and fulfill its obligation to supply the Defendant Company (hereinafter “instant reason”).
Defendant A jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the above mutual aid transaction agreement (hereinafter “instant guarantee agreement”).
The parts relating to this case in the terms of the above mutual aid transaction agreement are as follows:
Article 7 (Settlement of Investments, etc.) (1) Where a mutual aid transaction agreement with a contractor is terminated (or terminated) pursuant to Article 5 (Suspension and Termination of Mutual Aid Agreement), the Mutual Aid Association shall pay the balance obtained by subtracting mutual aid money, legal expenses, unpaid mutual aid fees, and all obligations under this mutual aid contract from paid contributions, security, etc. to the mutual aid contractor.
Article 14 (Change of Parties to Mutual Aid Transaction Agreements) (1) When a contractor transfers all or part of a business to a third party, the contractor shall make a written transfer.