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(영문) 전주지방법원군산지원 2016.07.19 2015가단54870
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Defendant completed registration under the Door-to-Door Sales Act (hereinafter “Door Sales Act”) and operates multi-level marketing business. The Plaintiff is a person who purchased the Defendant’s product as a multi-level marketing salesperson from June 2014 to May 2015 and received support allowances from the Defendant in return for the Defendant’s activity, such as selling the Defendant’s product to consumers or recruiting assistant salesmen.

According to the following provisions from among multi-level marketing salespersonss issued by the Defendant pursuant to Article 15(5) of the Door-to-Door Sales Act, if the products sold by multi-level marketing salespersons are returned, multi-level marketing salespersons are obligated to return the returned bonuses.

6.2 Coordinations and Allowances for returned products 6.2.1. 6.2.1. multi-level marketing salespersonss and multi-level marketing salespersonss are entitled to watchers and allowances on the basis of actual product services sold to end-consumers;

If a product requesting refund was returned to the Defendant or the Defendant re-re-exporteds the product, the amount of the money and allowances incurred by the return or re-re-re-re-re-re-back shall be deducted from the corresponding month in which the refund for the return occurred, and shall be continuously deducted from the superior service suppliers who received the Boners and allowances for the sale of the returned product until the relevant allowances are recovered.

- If a product sold by a principal or a subordinate salesperson is liable to return the bonus that the principal’s salesperson received for the reason of cancellation, etc. of order, the defendant shall deduct the amount corresponding to the obligation from the amount of the allowance to be paid and the amount to be paid to the salesperson in question. If the product was not, or there is no allowance to be paid in the amount of refund, the company shall carry out the recovery procedure for the corresponding amount

The defendant calculated the bonus to be returned to the plaintiff pursuant to the above provision as KRW 1,956,210, and the plaintiff on July 22, 2015.

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