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(영문) 서울중앙지방법원 2017.07.21 2015가합514310
수당청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a superior company that mainly engages in the business of mutual aid, etc., and the Plaintiffs concluded a so-called “contract for appointment of the head of a branch office of a business type” with the Defendant (hereinafter “each of the instant commissioning contracts”) and operated the Defendant’s branch office.

Plaintiff

A was commissioned as the head of the Defendant’s lecture branch on May 2009 and was dismissed on December 1, 201, and Plaintiff B was commissioned as the head of the Defendant’s ceiling branch on October 2008 and was dismissed on October 1, 2012. Plaintiff C was commissioned as the head of the Defendant’s winter Branch on February 1, 2010, and Plaintiff C was dismissed on July 1, 2012. Plaintiff D was commissioned as the head of the Defendant’s Daejeon Branch on July 19, 2010 and was discharged on September 1, 2014.

B. The plaintiffs operated the defendant's "business-type branch" under each of the above commissioning agreements, and the business-type branch basically has four business-types under the head of the branch office and four business-types under the head of each business office as follows.

Allowances paid to the Plaintiffs, who were the heads of the branch offices, at the time of commission, include ① “management allowances for the head of the branch office” which are paid based on the results of recruitment and maintenance of regular members of the branch office, ② “maintenance allowances for the increase in the number of regular members of the branch office” which are paid based on the results of recruitment or maintenance of regular members of the Rafco increased by the head of the branch office (hereinafter “LC increase in the number of regular members”), ③ “maintenance allowances for the branch office” which are paid based on the results of recruitment or maintenance of regular members of the branch office directly discharged or increased by the head of the branch office (hereinafter “the increase in the number of regular members of the branch office”); ④ “maintenance allowances for the head of the branch

C. Upon the enforcement of the former Door-to-Door Sales Act (amended by Act No. 11461, Jun. 1, 2012; hereinafter “former Door-to-Door Sales Act”) from August 18, 2012, the Defendant is exempt from designation as a multi-level marketing business entity subject to strict regulations.

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