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. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 8 (including branch numbers, if there are branch numbers) without dispute between the parties, or in full view of the purport of the whole pleadings:
The Plaintiff (hereinafter “Plaintiff”) is a multi-level marketing business entity that aims at manufacturing and wholesale sales, such as medical appliances, cosmetics, food, health auxiliary food, etc., and has entered into a mutual aid agreement under Article 37(1) of the Act on Door-to-Door Sales, Etc. and renewed a mutual aid agreement every year with the Korea Special Sales Mutual Aid Association to operate multi-level marketing business.
B. The Defendant, upon entering into a membership contract with the Plaintiff on June 2, 2013, sold the Plaintiff’s goods or recruited subordinate members by May 10, 2015, and received allowances from the Plaintiff.
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 rise structure of the Plaintiff’s multi-level marketing salesperson consists of eight stages, such as members, FCs, SCs, PCs, GCs, DIDs, PDAs, PD (Prime Dmond), and WBbeing. At the time the Defendant met the Plaintiff’s member, the Defendant’s class at the time the Plaintiff’s member was the third grade, and according to the Plaintiff’s allowance payment rules, the bonus is divided into education allowances and support allowances, and is paid as an amount calculated by multiplying the sales revenue of the preceding month by the rate of payment by the member’s grade, and if the purchase of goods is withdrawn within three months, the allowances already paid shall be recovered.