부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff (only the Plaintiff regardless of the change in the name of the Plaintiff) has entered into a mutual aid agreement under Article 37(1) of the Act on Door-to-Door Sales, Etc. with the Korea Special Aid Association for the purpose of multi-level marketing business and renewed a mutual aid agreement every year to engage in multi-level marketing business.
B. On July 27, 2013, the Defendant entered into a membership agreement with the Plaintiff and was paid support allowances from the Plaintiff while selling the Plaintiff’s goods or recruiting subordinate members from around that time to May 19, 2015.
C. Around May 2015, the Korea Special Sales Mutual Aid Association notified the Plaintiff of the termination of a mutual aid agreement on the grounds that the Plaintiff did not maintain the percentage of multi-stage salesmen’ age group (the age group between 20 and 24 years) within 30% in violation of the business guidelines for preventing damage to multi-stage marketing by a university student. The Plaintiff discontinued multi-stage sales business thereafter.
The plaintiff's multi-level marketing salesperson structure consists of eight levels, such as members, FCs, SCs, PCs, GCs, DIs, PD (Prime Dmond), GPs, etc. At the time the defendant met the plaintiff's member, the defendant's class at the time the defendant met the plaintiff's member was the third class, and according to the plaintiff's allowance payment rules, the bonus is divided into education support allowances and support allowances, and is paid as an amount calculated by multiplying the sales amount of the preceding month by the rate of payment by the member's grade, and if the purchase of goods is withdrawn within three months, the allowances already paid should be recovered.
E. The Plaintiff’s bonus according to the Defendant’s class based on the Defendant’s sales performance on February 2015, as the Defendant’s bonus according to the Defendant’s class, KRW 1,517,069 on March 25, 2015, and KRW 4,012,316 on March 27, 2015.