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 Defendant is a company that establishes, manages, and operates a sales organization for the sale of service products such as coming-of-age, marriage, funeral, funeral, funeral and ancestor worship by prepaid installment transactions. The Defendant’s sales clerks are composed of designer, branch office,

B. On August 29, 2012, Plaintiff B entered into a sales contract with each of the Defendant on October 5, 2012 and sold the Defendant’s goods.

C. On September 5, 2012, and on October 26, 2012, Plaintiff B entered into an agreement on the promotion of the salary grade with each Defendant on the promotion of the branch office, and Plaintiff A paid KRW 5,000,000 to the Defendant on October 26, 2012.

The Defendant did not pay allowances to the Plaintiffs on October 2014 and November 2014, and the Plaintiffs retired from the Defendant on December 4, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2 (including a provisional number; hereinafter the same shall apply), 3, Eul evidence Nos. 9, 10, 14 and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant did not pay allowances (Plaintiff A: 2,520,100 won, Plaintiff B: 1,366,010 won) to the Plaintiffs on October 2014 and November 2014, and thus, the Defendant is obligated to pay each of the said money and damages for delay.

[The plaintiff A requested the return of KRW 5,00,000 to the promotional salary at the first instance court, but the court of first instance dismissed the plaintiff's claim for this part of the claim, and the plaintiff A did not appeal for this reason. Thus, this part of the claim is excluded.] (b)

Defendant 1) The Defendant’s sales contract, etc. entered into with the Plaintiffs stipulates that the Plaintiffs shall waive the payment if the Plaintiffs leave their jobs to the same kind of company, and the Plaintiffs shall be deemed as having given the good shop competition with the same company on January 7, 2014 (hereinafter “good shop competition”).

As such, the Defendant did not have a duty to pay allowances to the Plaintiffs. (2) Although Plaintiff B entered into a promotional contract with the Defendant on September 5, 2012, the Defendant did not pay KRW 5,000,000 to the promotional salary.

Therefore, even if the plaintiff B did not pay the unpaid allowance to the defendant.