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(영문) 서울중앙지방법원 2017.02.09 2016나11690

부당이득금

Text

1. The judgment of the court of first instance is revoked, and the defendant shall pay to the plaintiff KRW 8,966,501 as well as his/her share on October 1, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a multi-level distributor with the purpose of medical appliances, cosmetics, food, health auxiliary food manufacturing, wholesale and retail business, etc.

On October 28, 2010, the Defendant entered into a membership contract with the Plaintiff and received allowances from the Plaintiff while selling the Plaintiff’s goods or recruiting subordinate members from around that time to May 19, 2015.

B. The Plaintiff’s multi-level marketing salesperson structure consists of eight stages, such as members, First Clas, SCs, Pearl Clas, GCs, DIAs, PDD (Prime Dmon), and Grad PDs. The bonus is paid in the amount calculated by multiplying the sales revenue of the previous month by the payment rate of the members. The Defendant was the second class PD.

On the other hand, according to the Plaintiff’s bonus payment provision, if the subscription to purchase goods is withdrawn within three months, the allowances paid shall be recovered.

C. The Plaintiff’s KRW 13,240,824 on February 25, 2015, and the same year

3. 10,628,880 won, and the same year.

4. A total of KRW 36,396,381 (including taxes) in support allowances was paid, as bonus, 27.12,526,67.

Defendant and its subordinate members shall be from April 24, 2015 to the same year.

7. By December 22, an offer to purchase goods was withdrawn and the goods were returned to the Plaintiff. Accordingly, the bonuses to be returned by the Defendant are the sum of KRW 8,966,501 (the sum of KRW 1,820,07 for January 2015, KRW 2,569,341 for February 2015, and KRW 4,883,13 for March 2015, plus KRW 9,272,481 for KRW 305,980 for taxation).

[Ground of recognition] Unsatisfy, each entry of Gap evidence 2 through 8 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts, if the subscription is withdrawn within three months for the sold goods, the member shall return the bonus already received in accordance with the bonus payment provision. Thus, the defendant from April 24, 2015 to the plaintiff.

7.22. Sales reduced due to the withdrawal of an offer by up to 22.