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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, as a multi-level seller, concluded a mutual aid agreement with the Defendant pursuant to Article 37(1) of the Door-to-Door Sales Act (hereinafter “Door Sales Act”), and renewed the said mutual aid agreement around February 2014, and renewed the said mutual aid agreement with the Defendant on February 6, 2015.
(hereinafter referred to as the “instant renewal contract,” and the mutual aid transaction agreement drawn up at this time shall be referred to as the “instant mutual aid transaction agreement”). (b)
Meanwhile, in order to prevent the damage to multi-level marketing by university students, the Defendant enacted the work guidelines for preventing damage to multi-level marketing by large students from multi-level marketing (the age group between 20 and 24) to maintain the multi-level marketing organization ratio of university students (the age group between 20 and 24) within 30%, and took measures such as restricting the transaction of mutual aid when violating the guidelines.
C. On March 5, 2015, when the contents related to illegal multi-stage sales damage against undergraduates were reported to the press, the Defendant visited the principal office of the Plaintiff on March 5, 2015 and investigated the Plaintiff’s proportion of sales damage to undergraduates.
On March 17, 2015, the Defendant prepared a report on the result of the Plaintiff’s visit room on March 5, 2015, stating that “The Plaintiff reported false sales to the Plaintiff without any actual transaction, using the name of the salesperson who was at least 25 years of age from March 2014 to February 2015.” However, if the Plaintiff’s annual rate of organization of the Plaintiff’s faculty members, excluding the details of false sales report, is at least 40.53% of the Plaintiff’s annual rate of organization of the faculty members, the Defendant’s refusal to renew the provision of Article 10(2) of the Mutual Aid Regulations.”
E. On March 18, 2015, if the Defendant had not conducted deception, such as the Plaintiff’s filing of false sales report, the Defendant entered into the instant mutual aid renewal contract with the Plaintiff on February 25, 2015 (as stated in the evidence No. 1, February 6, 2015 is the date of conclusion of the contract, but it appears to mean the date of actual agreement).