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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The parties' assertion
A. The plaintiff's assertion sold 3,049,00 won to the defendant five times. The defendant paid 1,070,000 won for cosmetics. Thus, the defendant is obligated to pay the remainder of 1,979,000 won for cosmetics.
The Plaintiff introduced three or more of the Plaintiff and supplied the Defendant with cosmetics equivalent to KRW 3,049,00,000 on the condition that he/she uses one set free of charge if the sales amount thereof is at least five million won. Since the Defendant failed to fulfill the conditions under which he/she can use the cosmetics free of charge, the Plaintiff is obliged to pay KRW 1,979,000 for the remaining cosmetics.
B. The defendant alleged that he received cosmetics once on the condition that he presents customers to the plaintiff, and the plaintiff could not sell cosmetics although he introduced many customers to the plaintiff, so the plaintiff could not respond to the plaintiff's request.
2. The Plaintiff sold cosmetics to the Defendant, as alleged by the Plaintiff, on the sole basis of the statements in Gap evidence Nos. 1 and 4 (including the serial numbers).
The plaintiff's assertion is without merit, since it is difficult to view that the defendant agreed to use it on a conditional basis, and there is no other evidence to acknowledge it.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.