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 was registered as a multi-level marketing salesperson by the Defendant from April 17, 2017 to September 4, 2017. The Defendant is a multi-level marketing company that sells cosmetics, coffee, etc.

B. On April 17, 2017, the Plaintiff purchased at KRW 2,290,000 one of the Spanish social key (e.g., Class 5 2 bit, ample 1 ample, ample 1) from the Defendant (hereinafter “instant goods”).

C. Pursuant to Article 37 of the Door-to-Door Sales, etc. Act, the Defendant entered into a mutual aid agreement (mutual aid agreement number : “A (Plaintiff) and beneficiary number: D, amount deducted (transaction amount): KRW 2,290,00, a mutual aid contract provider (company): B (Defendant) and a purchase contract date: April 17, 2017; and the period of cancellation of subscription: from April 17, 2017 to July 16, 2017.”

The Plaintiff withdrawn the purchase subscription and returned the instant goods to G via F around July 20, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The Plaintiff asserted that the goods of this case were purchased from the Defendant in KRW 2,290,00, and accordingly, the Defendant concluded a mutual aid agreement equivalent to the above amount and the number was given. Since the Plaintiff withdrawn the above purchase subscription and returned the goods of this case to G who is an employee of the Defendant, the Defendant is obligated to pay the Plaintiff the price of the goods of this case in KRW 2,290,000 and the delay damages therefor.

3. According to the above facts of determination, the plaintiff purchased the goods of this case and returned them, and the defendant is recognized as having concluded the above mutual aid contract with respect to the purchase of the goods of this case, but it is recognized as having paid the price to the plaintiff, the following circumstances, i.e., the defendant again requested the plaintiff to present the details of deposit money to the plaintiff, but the plaintiff's mutual aid contract is also a mutual aid contract.