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(영문) 서울동부지방법원 2017.10.11 2017나20212

대여금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 21,700,000 as well as the full payment with respect thereto from September 20, 2015.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “non-party company”) was established on October 6, 2003 and reported to a door-to-door seller pursuant to the Act on Door-to-Door Sales, Etc., and operated its business. A company registered as door-to-door seller under door-to-door sales, etc. around 2013, and the Plaintiff, Defendant, and C are sales clerks of

B. The non-party company established a position of the position of the director, team leader, manager, director-general, and director with respect to the salespersons, and paid bonuses under the pretext of sales allowances, group allowances, class allowances, etc. on the basis of an amount equivalent to 80% of the sales amount each time the commodities are sold.

C. At the time of November 2013, C was in the position of Director-General, and the Defendant was in the lower position as a subordinate salesman, and the Plaintiff was again in the class of the team leader.

On the other hand, to be promoted to a bureau which is a superior position, 200 million points are required as a result of the sales made by the principal and the subordinate first salespersons within 32 weeks after the promotion of the class, and at least 60 million points among them should be due to the sales made by the subordinate salesperson who is not the principal.

In the event that the Defendant, who was the position manager at the time, was insufficient in sales of the first-class salesperson necessary for promotion to the position of the bureau chief, the Plaintiff, the Defendant, and the Defendant agreed to register sales in the name of the Plaintiff, who was the first-class salesperson, in return for the Defendant’s money, but the Plaintiff paid the money necessary for the Nonparty Company on behalf of the Defendant, who was short of the money

On the other hand, salespersons shall pay the price for the goods to the non-party company and have the non-party company keep the goods in custody if necessary.

The government has been supplied with the goods and disposed of by the government. As above, if a person with a higher class registers the goods in the name of a lower class in order to promote the class, a person who actually pays money shall be sold.