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 purpose of the Plaintiff is to manufacture medical appliances, cosmetics, food, health auxiliary food, and wholesale and retail business, and concluded a mutual aid agreement under Article 37(1) of the Act on Door-to-Door Sales, Etc. (hereinafter “Door Sales Act”) with the Korea Special Aid Association for the purpose of multi-level marketing business and renewed a mutual aid agreement every year.
The defendant entered into a membership contract with the plaintiff on February 15, 2005, and was paid allowances from the plaintiff while selling the plaintiff's goods or recruiting subordinate members from around that time to May 19, 2015.
B. On May 19, 2015, the Korea Special Aid Association notified the Plaintiff of the termination of the mutual aid renewal contract on the grounds that the Plaintiff did not maintain the multi-level sales organization ratio of college students’ age group (the age group between 20 and 24 years old) within 30% in violation of the Guidelines for the Prevention of Damage to Multi-Stage Sales by Large-Scale Students. The Plaintiff suspended multi-level sales business from 18:00 on the date of receipt of the notification.
C. The Plaintiff’s multi-level marketing salesperson structure consists of eight levels, such as members, First Clas, SCs, PCs, GCs, DIAs, PDD (Prime Dmon), GCs, etc. The bonus is paid in the amount calculated by multiplying the sales revenue of the preceding month by the payment rate of the members. The Defendant was the highest grade among the above classes, and the education bonus is paid in the GP grade equivalent to 30%. In the case of GP grade, the education bonus is applied.
Meanwhile, according to the Plaintiff’s bonus payment provision, if the subscription to purchase goods is withdrawn within three months, the allowances already paid are recovered.
Support allowances calculated based on the Defendant’s sales from January 2015 to March 2015 are KRW 28,97,045 in total (i.e., KRW 12,826,514 in total) from February 2, 2015 to April 2015 (i.e., KRW 12,826,514 in total) and the said allowances are monthly. < Amended by Act No. 1322, Mar. 8, 2015; Act No. 1322, Apr. 78, 2015; Act No. 13203, Apr. 7, 2015; Act No. 13208, Apr.