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(영문) 의정부지방법원 2015.07.16 2014가합670
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Presumed factual basis

A. The Human Entertainment Co., Ltd., a multi-level marketing business entity, sells cosmetics and red ginseng products to many unspecified persons by marketing methods, based on the fact that “when purchasing more than a certain amount of goods and registering a salesperson as a salesperson, allowances shall be paid by using an amount not exceeding 35% of the company’s sales revenue according to the sales performance determined in advance.” The facts are as follows: (a) not paying allowances in accordance with the standards set by the prompt-name marketing franchise with an amount not exceeding 35% of the total sales amount; (b) the amount equivalent to 57% of the sales amount in the year 2011; (c) the amount equivalent to 61.6% of the sales amount in the year 2012; (d) the amount equivalent to 72.7% of the sales amount in the year 2013; and (e) the amount equivalent to 72.7% of the sales amount in the year 2013; and (e) the payment rate of allowances by means of returning excessive bonuses from the sales amount paid to the sales amount paid at the end.

B. An entertainment’s bonus of approximately KRW 2,00,00,000 as of December 31, 201, was paid as above, and the sales price of KRW 5,70,000,000 as of December 31, 201 was reduced continuously due to the aggravation of financial status from around 201 as a result of an excessive payment of bonus to the sales salesperson and return of goods already sold without restriction, and the amount of the unpaid bonus of KRW 9,10,00,00 as of December 31, 201 was reduced. The payment of KRW 7,50,000,000 as of December 31, 201; KRW 5,70,000,000,000 as of December 31, 2012; and KRW 13,700,000,000 as of October 13, 2014; and

C. Human business has become unable to pay the bonus agreed upon to the salesperson because the size of the bonus to be paid to the salesperson as above has increased sharply, and accordingly, it has become impossible to pay the bonus to the salesperson.

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