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(영문) 서울중앙지방법원 2015.03.17 2014나44115
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sold health food, etc. through multi-level marketing, and the Defendants were multi-level marketing salespersons of the Plaintiff company, and the direct sales mutual aid association (hereinafter only referred to as the “mutual aid association”) is obligated to return to the Plaintiff the amount equivalent to one billion won which was secured by the Plaintiff in accordance with the consumer damage compensation mutual aid agreement

B. On April 28, 2009, 29 multi-stage salesmen including the Defendants filed an application for provisional attachment of claims with the Seoul Central District Court 2009Kadan4228 with Defendant A as the creditor (appointed party), the Plaintiff as the debtor, and the mutual aid association as the third debtor, and received a provisional attachment order as follows (hereinafter “first provisional attachment”).

At the time, Defendant A was added to the total amount of 1,762,00 won without any cause on the wind of calculating the number of designated parties as designated parties.

Creditors’ Total Claim Amount: 116,749,364 won for each Defendant’s claim amount of KRW 190,482,501 and for each Defendant’s claim amount of KRW 116,749,364 (2,285,070 won for dividends of KRW 114,464,294) Defendant B: 10,565,054 won (1,762,00 won for travel promotion subsidy of KRW 7,054) (1,762,00 for travel promotion subsidy of KRW 1,762,00): Defendant C: 17,356,083 won for travel promotion subsidy of KRW 10,54 (Additional development grants)

C. On April 30, 2009, Defendant A and 1 applied for provisional seizure of claims by the Seoul Central District Court 2009Kadan4382 with the debtor as the Plaintiff and the third debtor as the mutual aid association, and received the following provisional attachment order (hereinafter “the second provisional attachment”) from the above court to provisionally attach the Plaintiff’s right to claim the return of investment to the mutual aid association.

Total amount of claim: 534,126,804 won (amount of claim and amount of claim claim by Defendant A: 196,224,504 won (amount of damage)

D. Multi-stage salesmen, including the Defendants, are Seoul Central District Court as the principal lawsuit of the first and second provisional seizure.

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