1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a company established for multi-level marketing, manufacturing, and sales of products, such as functional health foods and cosmetics.

(However, on January 4, 2017, multi-level marketing business was deleted for the purpose of establishment.

The Defendant was transferred KRW 6,110,000 as allowances from July 1, 2016 to August 24, 2016, while engaging in business activities by registering the Plaintiff as a multi-level marketing salesperson from January 21, 2016.

C. The Plaintiff’s terms and conditions stipulate, “if the amount refunded exceeds the amount supplied to multi-level marketing salespersons according to consumers’ return, the Plaintiff may claim the difference to multi-level marketing salespersons (Article 18(6) of the Door-to-Door Sales, etc. Act); and “In the event a multi-level marketing salesperson and sub-level marketing salesperson withdraw from the purchase of goods, the contract is terminated retroactively and the cause for payment of allowances is extinguished accordingly, the allowances already paid shall be recovered and deducted as it constitutes unfair profit in principle.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 9, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Defendant, who is a multi-level marketing salesperson, paid KRW 6,110,000 in total to the Defendant from July 1, 2016 to August 24, 2016, as allowances, etc. for sales of goods, etc., and thereafter, the Defendant’s massive return of goods supplied to a multi-level marketing salesperson occurred.

Pursuant to the terms and conditions of the Plaintiff, the Defendant shall return to the Plaintiff KRW 6,110,000 as unjust enrichment.

B. Determination is that the Defendant received KRW 6,110,00 in total from the Plaintiff to August 24, 2016 while working as the Plaintiff’s multi-level marketing salesperson, and that multi-level marketing salesperson received KRW 6,110,00 in total from the Plaintiff. In accordance with the Plaintiff’s terms and conditions, when a multi-level marketing salesperson and its subordinate multi-level marketing salesperson were cancelled for the purchase of goods, the contract was terminated retroactively.