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(영문) 서울중앙지방법원 2016.03.18 2014가합44821
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant was established on October 6, 2003 and reported as a door-to-door seller pursuant to the Door-to-Door Sales Act (hereinafter “Act”), and operated business. On June 24, 2013, the defendant was registered as a door-to-door seller under door-to-door seller under door-to-door sales contract. The plaintiff became the defendant's door-to-door seller around 2010 and sold manufactured cosmetics, etc. by the defendant.

The Defendant’s method of paying bonuses was to appoint the position of the head of the beauty, team leader, manager, director-general, and director. The Defendant paid bonuses to the salespersons under the pretext of sales allowances, group allowances, class allowances, etc. on the basis of the amount equivalent to 80% of the sales amount whenever the salespersons sell commodities (hereinafter “point”).

Guidelines for the payment of bonuses that were enforced in January 2012 are as follows:

(See 1) Daily allowances: 25% for the general purchase of beauty language with the customer and the first-class 2 recommendation person, 5% for the general purchase of beauty language, 10-20% for the customer's re-purchase, 10% for the first-class 1 recommendation person, 25% for the beauty language re-purchase, 25% for the beauty language person and 5% for the first-class 1 recommendation person shall be paid.

Class allowances: 31% of points shall be paid at the rate of 10% of the team leader, 9% of the head of the division, 7% of the bureau director, and 5% of the Minister, on a grade basis, and where there is more the same grade of the lower division (rab, sheet, quota) between the same class, the allowances of the above percentage shall be paid at a differential rate in accordance with the payment rate fixed.

The above payment criteria were amended (attached Form 2) in July 2012 by January 2013.

Sales Allowances 1: 3% of the Minister, 31% of the Director, 29% of the head, 27% of the team leader, and 25% of the beauty according to the grade of the salesperson.

Sales allowances2: 10% where monthly sales by salespersons are above 3,00,000 points, 9%, 1,200,000 points but below 3,000,000 points, 8% where the monthly sales by salespersons are below 3,000 points, 1,200,000 points and less than 2,00,000 points;

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