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대구고등법원 2016.01.13 2015나367

물품대금등

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff as to KRW 64,822,355.

Reasons

1. Basic facts

A. The Plaintiff is a corporation D (hereinafter “D”).

The company is declared bankrupt through the rehabilitation procedure while manufacturing and selling teaching materials for elementary and secondary school curriculum.

(2) The Defendant Company entered into a contract with D on behalf of the Plaintiff, and received teaching materials, etc. from the Plaintiff and sold them to the Private Teaching Institutes, etc., and Defendant C guarantees the Defendant Company’s representative director as the Defendant Company’s representative director as part of the amount of teaching materials for the Plaintiff.

B. D’s transfer of publication right and sales agency contract 1) D’s transfer of publication right and sales agency contract between the Plaintiff and the Plaintiff on September 27, 201, as part of the preparation of words and phrases according to capital erosion, D’s transfer of all of D’s inventory reference documents, reference documents, copyright and publication rights to the Plaintiff at KRW 200 million and the Plaintiff would be provided with reference documents through a separate reference supply contract (hereinafter “the aforementioned transfer contract”).

A) On October 12, 2011, D entered into a contract with the Plaintiff for the supply of first class teaching materials (No. 43 evidence) with the Plaintiff, and D entered into a contract for the supply of goods (hereinafter “contract for the supply of the above goods”) with the content that D was supplied with the first class teaching materials from the Plaintiff in November 201, 201, and sold them to the pre-existing affiliated driving schools (hereinafter “the above contract for the supply of goods”). From that time, D was supplied with the pertinent teaching materials (such as E and F school materials for private teaching institutes) by the Plaintiff.

(A) (No. 15) 3) D provides online learning content developed by D to Defendant Company on February 10, 2012; D supplies online learning content to Defendant Company; Defendant Company provides teaching materials separate from D through teaching materials suppliers; Defendant Company provides D with teaching materials; and Defendant Company pays D usage fees and provides D with services for pre-existing goods (hereinafter “instant sales agency contract”).