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(영문) 서울중앙지방법원 2016.10.25 2014가합20559
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff’s assignment 1) The Plaintiff’s multi-level distributor from around 2004 to 2006 (hereinafter “Mestrust”) is a multi-level distributor company (hereinafter “Mestru”).

(2) The Plaintiffs, from July 2006 to October 2006, transferred a total amount of KRW 1,201,362,00 to X or X for the recovery of damage as follows, upon the solicitation of W, who was the victim of the damage. Accordingly, the Plaintiffs transferred KRW 1,201,362,00 to X or X for the recovery of damage.

The main contents of the bond transfer and takeover contract prepared at the time of the transfer of each of the above claims are as follows:

The creditor (referred to X or Y) and the debtor (referred to the plaintiff) have entered into a contract with the following to transfer to the creditor the following claims that the debtor is obligated to receive from the Basta, the third debtor:

Article 1 (Transfer Claim) The Plaintiffs transferred to X, X, and X, and Y the following claims held against Mesta, and acquired them. A.

A claim for the return of the price for the goods that the plaintiffs paid in advance against the above list.

B. Under a contract between the plaintiffs and the above list, the above list claims for benefits/ allowances/other payments to be paid to the plaintiffs.

C. Claim on the above A/B as well as claim on the compensation for delay under the Civil Procedure Act or the Commercial Act

D. Article 4 (Execution of Claims and Appropriation of Claims)

A. The Plaintiffs shall cooperate with all the relevant actions (including civil, criminal, and compulsory execution) conducted by X-Y to claim and recover this claim from A-Sast, including the provision of relevant documents, testimony, and statements of reference.

B. In the event that the Basta performs the above debt or is derived from the collection of X-Y and Y, the Basta shall first be deducted, and ② the plaintiffs shall pay to X-Y.

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