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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the Plaintiff’s assertion is that if the Defendant purchased goods equivalent to KRW 20,00,000 after joining CM&G Co., Ltd. operating multi-level and door-to-door sales business (hereinafter “CM&G”), and purchased goods equivalent to KRW 20,000,00,000, from the Plaintiff, the class of its members can be increased to the b,000,000 to the 3,000,000 monthly salary, and the principal is also guaranteed, the Defendant received KRW 20,00,000 from the Plaintiff.
Therefore, the Plaintiff is obligated to return the above KRW 20,000,000 to the Defendant.
2. In light of the purport of the Plaintiff’s claim for return of money based on the agreement or the claim for damages based on tort against the Defendant, the Plaintiff joined CM&G upon the Defendant’s recommendation, a seller of CM&G, as a member of CM&G, and remitted KRW 20,000,00 to the Defendant on October 1, 2013, although it is recognized that each of the descriptions of Gap’s evidence Nos. 1 through 3, 5, 6, and 8 (including additional numbers) was written, the Plaintiff guaranteed the Defendant to pay the principal for the money invested in the name of the Plaintiff at the time of his membership.
In light of the aforementioned facts, the Defendant agreed to return the said invested principal to the Plaintiff without any condition, and even though it was well aware that the Defendant was actually unable to pay the allowances as originally presented by CM&G, it is insufficient to recognize that the Plaintiff was deceiving the Plaintiff as if there was no other problem in recovering the invested principal and paying the allowances. Rather, according to the witness C of C at the trial, the Defendant’s testimony was used to purchase the goods from CM&G in order to raise the Plaintiff’s position in the company. As the Defendant’s position allowances actually paid falls short of KRW 2,00,000 per month in which CM&G advertised advertised advertised, the Defendant recommended return of the goods purchased from the Plaintiff and investors around the end of the end of the month of 2013, the Defendant recommended return of the goods purchased by CM&G.