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(영문) 대전지방법원논산지원 2016.01.13 2014가합2471
물품대금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The defendant was established on October 6, 2003 and operated a business as a door-to-door seller pursuant to the Door-to-Door Sales Act (hereinafter “Act”). On June 24, 2013, the defendant was registered as a door-to-door seller under door-to-door sales, etc. on the part of the defendant, and the plaintiffs were the main part of the defendant and sold cosmetics, etc. manufactured by the defendant around 2012.

The Defendant’s method of paying bonuses was to appoint the position of the head of the beauty, team leader, manager, director-general, and director. The Defendant paid bonuses to the salespersons under the pretext of sales allowances, group allowances, class allowances, etc. on the basis of the amount equivalent to 80% of the sales amount whenever the salespersons sell commodities (hereinafter “point”).

The criteria for the payment of bonuses that the plaintiffs had enforced at the time of becoming a salesperson are as follows:

(See 1) Daily allowances: 25% for the general purchase of beauty language with the customer and the first-class 2 recommendation person, 5% for the general purchase of beauty language, 10-20% for the customer's re-purchase, 10% for the first-class 1 recommendation person, 25% for the beauty language re-purchase, 25% for the beauty language person and 5% for the first-class 1 recommendation person shall be paid.

Class allowances: 31% of points shall be paid at the rate of 10% of the team leader, 9% of the head of the division, 7% of the bureau director, and 5% of the Minister, on a grade basis, and where there is more the same grade of the lower division (rab, sheet, quota) between the same class, the allowances of the above percentage shall be paid at a differential rate in accordance with the payment rate fixed.

The above payment criteria were changed from July 2012 to the following contents (attached Form 2) and implemented by January 2013.

Sales Allowances 1: 3% of the Minister, 31% of the Director, 29% of the head, 27% of the team leader, and 25% of the beauty according to the grade of the salesperson.

Sales allowances2: 10% where monthly sales by salespersons are above 3,00,000 points, 9%, 1,200,000 points or more but less than 3,000 points, 2.00 points or more, and 1,200,000 points or more.

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