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(영문) 울산지방법원 2017.08.30 2016가합192
손해배상(기)
Text

1. Defendant F: (a) 32,519,812 won to Plaintiff A; (b) 6,069,328 won to Plaintiff B; (c) 10,975,456 won to Plaintiff C; and (d) 27.

Reasons

Basic facts: (a) G (hereinafter “instant company”) is a company that sells sound vibration sports equipment and engages in chain recruitment business; (b) Defendant F is a person who, from April 2013 to May 2015, operated the headquarters of the instant company located in Ulsan Nam-gu H; and (c) Defendant E was a person who, from September 2014 to May 2015, operated the headquarters of the instant company’s pancheon branch office.

The instant company entered into a multi-level sales contract with a salesperson or an investor to receive an incentive at the time of entering into a sales contract by introducing a third-level sales contract with a salesperson or an investor, and entered into an entrusted management contract with a seller or an investor for the sale of a medical device. However, it was impossible to pay the principal to senior buyers as long as a new purchaser continued to pay the principal and interest to senior buyers, since it was operated by the method of repaying the principal and interest to senior buyers by using the purchase fund solicited by junior purchasers, not by creating profits from all entrusted devices or creating rents, and operating a part of the profits from the sales contract to the buyer.

Defendant F, despite being well aware of such circumstances, recruited investors, and solicited them to make an investment by providing that “When purchasing and re-entrusted the company with a 80-90% of the purchase amount, 80-90% of the purchase amount shall be paid equally as profits over 12 months, and after the expiration of the period, 40-50% of the purchase amount shall be paid, and the purchase amount of the relevant equipment shall be redeemed again,” and the contract for the sale of sports equipment and the rental agreement shall be concluded between the Plaintiffs as listed below.

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