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(영문) 서울중앙지방법원 2016.08.24 2016나19625

물품대금 및 양수금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The appeal cost (including the cost resulting from the supplementary participation) shall be borne by the Plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are corporations that manufacture various English teaching tools and educational materials and sell them to child-care centers, kindergartens, etc. The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) is a person who operated the Plaintiff’s Gangwon District Branch from 2009 to 9, 201, and the Defendant is a person who is operating a child-care center E in the Dong Sea of Gangwon-do.

B. On April 1, 2006, the Intervenor entered into a branch contract with F Co., Ltd. (hereinafter “F”) which is the telegraph of Plaintiff A (hereinafter “instant branch contract”), and Plaintiff A succeeded to the status of the party to the instant branch contract with the Intervenor as established on April 10, 2009. In the instant branch contract, the instant branch contract entered into an agreement with FF to the effect that “F shall supply publications to the Intervenor and designate the Intervenor’s business area as Gangwon-do and assist the Intervenor’s business activities in the said area. F shall complete the sales proceeds of publication settled from kindergartens each month as of the end of each month and pay dividends agreed with the Intervenor to FF or the Plaintiff after deducting fees from the Intervenor’s payment from the kindergarten,” but from around 2008, F traded by means of remitting the remainder after deducting fees from the Intervenor’s payment.

C. On March 10, 2011, the Defendant ordered the Intervenor to submit G1 semester materials (hereinafter “the teaching materials for the first semester”) to the Intervenor, and the Intervenor sent the above text materials to the Plaintiff on the same day. On April 18, 2011, Plaintiff A sent the teaching materials equivalent to KRW 4,130,000 to the Intervenor to the Intervenor to the Plaintiff. On April 18, 2011, the Defendant paid KRW 4,130,000,000 excluding the amount returned as the teaching materials for the first semester. (1) On September 19, 2011, the Defendant ordered the Plaintiff to provide the Plaintiff with G2 semester materials (hereinafter “the teaching materials for the second semester of 2011”).