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. Facts of recognition;

A. The Plaintiff has concluded a mutual aid agreement under Article 37(1) of the Act on Door-to-Door Sales, Etc. with the Korea Specialized Sales Mutual Aid Association and renewed a mutual aid agreement every year to run multi-level marketing business.

B. On April 23, 2002, the Defendant entered into a membership agreement with the Plaintiff, and was paid allowances from the Plaintiff while selling the Plaintiff’s goods or recruiting subordinate members from around that time to May 10, 2015.

C. On the ground that the Plaintiff did not maintain the multi-level marketing organization ratio within 30% of college students’ age group (age group between 20 and 24) in violation of the Work Guidelines for Preventing Damage to Multi-Stage Sales by Large Students, the Korea Special Aid Association notified the Plaintiff of termination of the mutual aid renewal contract and suspended multi-level marketing business.

The Plaintiff’s promotion structure of the Plaintiff’s multi-level marketing salesperson consists of eight stages, such as members, FCs, SCs, PCs, GCs, DIAs, PDdmonds, GPs, etc. According to the Plaintiff’s provision on the payment of allowances, support allowances shall be divided into education allowances and fostering support allowances, and the amount calculated by multiplying the monthly sales revenue by the payment rate by the member’s class, and if the purchase of goods is withdrawn within three months, the allowances already paid shall be recovered.

The defendant was the third class of the above grade DIA.

E. The Defendant received payment from the Plaintiff, based on the sales amount from January 2, 2015 to March 2015, KRW 12,808,180 ( KRW 3,386,04, and KRW 5,320,578, and KRW 4,101,558, which is calculated based on the sales amount from February 2, 2015 to April 2015).

F. The Defendant’s return was made from April 24, 2015 to July 22, 2015 with respect to the goods for which the bonus was paid during the foregoing period under the said paragraph, and was returned.