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(영문) 서울동부지방법원 2020.01.15 2019나670

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the overall purport of Gap's evidence Nos. 1, 4, 5, and 6 as to the cause of the claim and the arguments, the plaintiff is a juristic person operating a superior business, such as funeral service business. The defendant is a person who has recruited standing members and received solicitation allowances (fee) in return. The plaintiff and the defendant decided on May 2, 2014 as one year from 2014 to 2015, and the defendant's recruitment allowances are determined as 100,000 won per case of "C" (the product price: 3,90,000 won)" and the defendant's recruitment allowances are determined as 100,000 won per 1,000 won per 50,500 won (1-8), 50% (9-12 times), 30% (1320%) and 20% (1320-4, 206, 2000). The defendant concluded the contract of this case with the plaintiff 20.

In regard to this, the defendant argued to the effect that, since the defendant is unable to manage a large number of standing members recruited by the defendant, the standing member does not terminate the mutual aid agreement or is not obligated to refund the recruitment allowance to the plaintiff even if the standing member does not delay the mutual aid fee. However, as seen above, the plaintiff and the defendant entered into the contract of this case where the plaintiff would recover all or part of the recruitment allowance from the defendant according to the period of payment of the standing member fee recruited by the defendant. Accordingly, the defendant's above assertion is without merit.

Therefore, the defendant 2,850.