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(영문) 서울중앙지방법원 2016.09.09 2016나10543
물품대금 및 양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including those incurred by the defendant's participation, are assessed against the plaintiff.

Reasons

1. The plaintiff's ground of claim and the defendant's assertion

A. The Plaintiff’s cause of the Plaintiff’s claim is premised on the premise that the Intervenor directly supplied the teaching materials to the Defendant from the teaching materials of the first semester in 2011. (1) On December 23, 2011, the Plaintiff acquired KRW 3,690,000 from the Intervenor’s Intervenor’s Intervenor’s Intervenor’s payment of KRW 2,40,000 from the Defendant on March 5, 2012, and thereafter, the Plaintiff was paid KRW 1,250,000 from the Defendant on March 5, 2012. Accordingly, the Defendant is obligated to pay the remainder of the teaching materials to the Plaintiff and the delay damages therefrom.

B. The Defendant’s assertion is premised on the Defendant’s offering of the materials for the first semester 201 to the Defendant’s Intervenor, and the materials for the second semester 201 to the Plaintiff’s Intervenor, respectively. 1) The Defendant supplied the materials for the first semester from the Defendant’s Intervenor, who operated the lecture branch of the Plaintiff’s Intervenor, with the materials for the first semester 201 and paid the materials to the Defendant’s Intervenor. 2) The Defendant provided the materials for the second semester 2011 to the Plaintiff’s Intervenor, and paid part of the materials for the materials to the Plaintiff’s Intervenor, and paid all the remainder of the materials to the Plaintiff that acquired the right to the materials for the second semester. Accordingly, the Plaintiff’s claim cannot be complied with.

2. The Plaintiff’s Intervenor is a company that publishes and supplies the English and Korean teaching materials of children. The Defendant’s Intervenor operated the lecture area branch of the Plaintiff’s Intervenor from 2009 to September 201, and the Defendant is operating the E kindergarten in the Dong Sea of Gangwon-do. 2) around March 4, 2011, the Defendant ordered the Defendant’s Intervenor to provide the 201 semesterF teaching materials. On the same day, the Defendant sent the Plaintiff’s Intervenor to the Defendant’s Intervenor by facsimile an application for the Fbooks with the following contents:

The name of the agency: The name of the agency in charge of G agency in the East Sea of Gangwon-do: The kinds of teaching materials in the name of the teaching materials on March 6, 201.

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