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. Acknowledgement and alteration of the judgment of the court of first instance are cited by the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of this court is the same as that of the judgment of the court of first instance except for dismissal or addition as follows:

The 3th parallel 4 to 7th parallel are as follows.

(4) If the plaintiff's member is terminated due to a cause attributable to the defendant, the defendant cannot claim the return of the fee paid for the same subparagraph to the plaintiff, and if the contract is terminated due to a cause attributable to the plaintiff, it shall not be included in the membership recruitment performance, and the defendant may claim the return of the recruitment service fee paid to the plaintiff or deduct the defendant from the service fee paid to the plaintiff from the service fee to the plaintiff.

Article 4(4) of the Agreement. The Defendant asserts that the Plaintiff is responsible for the occurrence of the cause attributable to the Plaintiff, as the Plaintiff did not properly manage the members recruited by the Plaintiff and unilaterally withdraw from the 68 household as seen above. However, in light of the various circumstances as seen below, the evidence presented by the Defendant alone is insufficient to recognize that the said 68 household left the country due to the Plaintiff’s cause attributable to the Plaintiff, and there is no other evidence to acknowledge otherwise.

The Defendant asserts that the application for the designation of a district unit planning zone and the formulation of a district unit planning proposed for the instant project was returned to the Sinh on October 16, 2015 (the result of the fact inquiry by this court on the leisure market) and that the instant contract was concluded with the Plaintiff around October 2016 while the administrative litigation on such return was pending, and that there was a cause attributable to the Plaintiff, who is aware of these circumstances.

(b).