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(영문) 서울중앙지방법원 2016.06.14 2015가단5091686

부당이득금

Text

1. The Plaintiff; Defendant A’s KRW 30,752,340; and Defendant B’s KRW 21,357,920 from May 12, 2015; and Defendant B’s KRW 21,357,920.

Reasons

1. Basic facts

A. The Plaintiff completed the registration under the Door-to-Door Sales Act (hereinafter “Door Sales Act”) and operates multi-level marketing business. The Defendants are those who received support allowances from the Plaintiff by entering the Plaintiff’s multi-level marketing organization as a multi-level marketing salesperson and selling the Plaintiff’s products to consumers or recruiting subordinate salespersons.

B. Defendant A, while acting as the Plaintiff’s salesperson from May 2014 to August 2014, and performed activities from June 2014 to September 2014, Defendant B received KRW 45,186,667 in total, and KRW 27,228,313 in total, according to its performance, and Defendant C received KRW 34,70,932 in total, according to its performance while performing activities from May 2014 to August 2014.

C. After that, the products sold by the Defendants were returned or recruited under the provisions to cancel the application of the Door-to-Door Sales Act (hereinafter “instant transaction”) and the amount received from the Defendants as a result of the instant transaction among each of the bonuses already received by the Defendants (hereinafter “instant transaction”). Defendant A is KRW 30,752,340, Defendant B is KRW 21,357,920, and Defendant C is KRW 17,405,670.

According to Article 15 of the Door-to-Door Sales Act governing multi-level marketing, multi-level marketing business entities shall issue a multi-level marketing salesperson's pocket book stating matters concerning the calculation and payment criteria of bonuses, the return of goods, etc., and the withdrawal of multi-level marketing salespersons, and the following contents are included in the

6.2 Coordinations and Allowances for returned products 6.2.1. 6.2.1. multi-level marketing salespersonss and multi-level marketing salespersonss are entitled to watchers and allowances on the basis of actual product services sold to end-consumers;

In the event that the product that requests a refund has been returned to the plaintiff or re-re-re-exported, the product is subject to the return or re-re-back.