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(영문) 서울중앙지방법원 2015.06.24 2014가합567898
판매원 지위 확인 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a multi-level marketing company registered under the Door-to-Door Sales Act (hereinafter “ Door-to-Door Sales Act”), which mainly engages in the distribution and sale of cosmetics and related beauty art products.

B. Around March 15, 2011, the network D (hereinafter “the network”) was registered as the Defendant’s multi-level marketing salesperson, and died on May 6, 2014.

C. The plaintiff A is the husband of the deceased, and the plaintiff B and C are the children born between the deceased and the plaintiff.

Plaintiff

A After the death of the Deceased, around June 2014 and the same year.

7. 1. The defendant requested that the status of the deceased's multi-stage salesman be inherited to the plaintiffs, but the defendant sent a reply to the purport that the above request cannot be accepted at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, Eul evidence No. 2, the purport of the whole pleadings

2. Summary of the assertion

A. The plaintiffs' status of multi-level salesman is not exclusively exclusive to the deceased's life, but is the object of inheritance. It also regulates that multi-level salesman's status can be succeeded to the status of multi-level salesman under the proviso of Article 23 (1) 11 of the Door-to-Door Sales Act.

Therefore, the plaintiffs seek confirmation against the defendant as the heir of the deceased, that the plaintiff C succeeded to the status of the deceased's multi-level marketing salesperson after consultation, and also seek payment of support allowances from May 2015 to May 2015, which is equivalent to support allowances according to the status from the deceased's death to April 2015, as the return of agreed money or unjust enrichment to the plaintiffs.

B. The status of multilevel salesman on the multilevel marketing system of the Defendant Deceased is difficult to be considered as a right to the property succeeded in itself, and it has the character of a part of the day, and Article 105 of the Civil Act.

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