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(영문) 인천지방법원 2016.11.01 2016나50207
약정금
Text

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. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion ① The Plaintiff, along with the Defendant from June 2014 to August 2014, recruited 50 copies of the card application from customers as the recruiter.

(Plaintiff 25 and Defendant 25). When an application is filed, an allowance for attracting 20,000 won per head of the month following the date of solicitation shall be paid for the relevant card from the lot card.

Therefore, even though the Defendant divided the Plaintiff’s share of the allowances paid from the application form recruited during the above period from July 2014 to November 201, the Defendant paid only the allowances from July 2014 to September 2014 to the Plaintiff, and did not pay KRW 1.5 million to the Plaintiff for the remaining two months ( October 2014 and November 201).

(In estimating the basis calculated by the Plaintiff’s assertion, 50,000 won would be 50,000 won as allowances for October 2014 for Chapter 25 of the application filed in July 2014, 2014, 50,000 won as allowances for October 25, 2014, 50,000 won as allowances for October 2014, and 50,000 won as allowances for November 2014. The Defendant is obligated to pay 1.5 million won to the Plaintiff as allowances for attracting.

(2) A card application form shall be traded by 100,000 won between the fund raisers.

Although the Plaintiff lent three copies of card application, including C’s card application form, to the Defendant, the Defendant did not pay KRW 300,000 to the Plaintiff.

The defendant is obligated to pay KRW 300,000 to the plaintiff.

③ The Plaintiff purchased 100,000 won by giving one copy of the card application form in the name of D from the Defendant.

However, D is not allowed to receive custody allowances in the wind that does not register the relevant card.

The defendant is obligated to return KRW 100,000 to the plaintiff.

B. (1) First, we examine the argument.

In order to accept this part of the claim by the plaintiff, the plaintiff has collected 25 copies of the card application in July and August 2014, and the attraction allowances are 10,000 per month.

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