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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be cancelled and taken.
Reasons
1. The parties' assertion
A. The Defendant is obligated to pay the Plaintiff the money stated in the claim, as the Plaintiff sold the English language-oriented teaching materials to the Plaintiff students under the direction of the Defendant, and the Plaintiff was paid an allowance of KRW 100,000 per case.
B. If the Defendant president is not the president of the Plaintiff, but the Plaintiff is a business employee, and the full amount of the allowances is paid to C under the lower part, it is only the relationship between C and its members, such as the Plaintiff that he recruited, and thus, it cannot respond to the Plaintiff’s claim.
2. Facts of recognition;
A. On January 2012, the Defendant advertised the following job offer to the NAV car page:
In the field of solicitation: Introduction of selective products from among regular workers/contract workers/franchis: Business support for university teachers (support for language programs): The recruitment period of training (on-site training): from January 13, 2012 to the recruitment period: The name of the company from January 13, 2012: The name of the name of the company: The head of the C team and EF
B. Around February 2012, the Plaintiff explained by C that “10,000 won for each case of selling teaching materials, when submitting an application for sales, 30% of the allowance shall be given first, and the remainder of the allowance shall be paid on the 25th day of the following month,” and the Defendant introduced the representative as the same contact.
C. The Plaintiff from March 2, 2012 to the same year
4. Until the first police officer, 53 college students sold teaching materials in English language to 53 college students, and submitted the application to the defendant, and 22 of them revoked the above sales contract.
The Plaintiff was paid KRW 1790,000 from March 8, 2012 to March 12, 2013 as allowances by C.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
3. Determination
A. The Defendant is deemed to be the person liable for the payment of allowances, since the Defendant was represented by the Defendant and the Defendant submitted an application for the sale of teaching materials to the Defendant.
B. The Defendant’s unpaid amount is from May 26, 2012, which is the day following the settlement date for allowances of 1310,000 won [(53 x 22) x 1790,000 won] to the Plaintiff.