(영문) 서울중앙지방법원 2014.04.18 2013가합519953

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(영문) 서울중앙지방법원 2014.04.18 2013가합519953

부당이득금

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1. The action against the Defendant E by the Selection, M, N,O, P, Q, R, T, U shall be dismissed respectively;

2...

Reasons

1. Basic facts

A. The status of the parties 1) A Co., Ltd. (the trade name of December 16, 2008 was changed to W, Inc.);

hereinafter referred to as “V”

A) The purpose of multi-level marketing, such as health food sales business, is to multi-level marketing, and Defendant E Co., Ltd. (hereinafter “Defendant Company”).

(2) On October 30, 2003, X established the company with the purpose of door-to-door sales business, and after which the director and the representative director of the defendant company were assigned to the company. However, on July 14, 2005, the special sales mutual aid association of Korea issued an order to separate the representative director of the defendant company from the multi-level marketing business and door-to-door sales business. On August 31, 2006, the representative director of the defendant company was changed to Y, Z on December 26, 2006, Y, AA on December 25, 2006, and even after the resignation of the director on May 25, 2006, the defendant company was practically operated through Y, Z, AA, etc.

3) Meanwhile, the Plaintiffs and the designated parties are door-to-door sales contracts under which the Defendant Company visits and sells goods supplied by the Defendant Company to consumers and receives prescribed allowances from the Defendant Company (hereinafter “each door-to-door sales contract of this case”).

2) The Defendant Company’s business organization and business system, etc. 1) V closed 62 centers in Gangnam-gu, Busan, Gwangju, Incheon, Daejeon, and Daegu on April 2005, and thereafter operated 57 centers. Each branch office is a subdivision of the head office for policy transfer, public relations, supervision, etc. of the head office. As the head office, the head of the branch office and employees issued by the head office were in charge of the management of the head office, the management of the company’s image, the receipt of new sales center registration, etc., centering on the representative of the center authorized by the head office, and each center received the support fund for the center (3.5% of the sales revenue) from the head office as a part of the monthly sales revenue.

2 The defendant corporation is a corporation through the branch office and center of V.

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