1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

1. Basic facts

A. The Defendant served as the team leader of the SPampa Co., Ltd., a company visiting around the end of 2012 and at the beginning of 2013, and served as a sales member of the Nonparty Company. The Plaintiff was serving as a sales member of the Nonparty Company.

B. Around January 7, 2013, the Plaintiff agreed to pay the Defendant and the Defendant KRW 22,400,000 to obtain the lower class of the Nonparty Company. Around that time, the Plaintiff paid the Defendant an amount equivalent to KRW 18,900,000 out of KRW 22,40,000 by account transfer, cash payment, offset, subrogation, etc.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1 to 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff paid KRW 22,400,000 to the Defendant in return for acquiring the class of the Nonparty Company, which is a multi-level company. It does not simply pay KRW 22,400,000 to acquire only the class of the class, but also paid the amount of KRW 16,40,000 as indicated in the [Attachment] list provided by the Nonparty Company (hereinafter “instant objects”).

However, since the Defendant only delivered the instant goods to the Plaintiff and did not deliver the remainder of 15 sets, the Defendant must deliver the remainder of 12 sets except for three sets equivalent to the amount equivalent to 3,500,000 won (22,40,000 won - 18,900,000 won) paid by the Plaintiff among the said goods 15 sets.

B. The following circumstances can be acknowledged according to the reasoning of the first instance court’s first instance court’s fact-finding on the non-party company, as follows: Gap’s 1, 3, 6, 7 evidence, Eul’s 5, 6, and 7 evidence, and Eul’s 5, 6, and 7 evidence.

1. The non-party company has a list of classes system composed of the head of the department, team leader, manager, sales member, etc., and the employees of each class shall purchase the products of the non-party company through their superior class employees.