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(영문) 대구고등법원 2016.01.13 2014나933
부당이득금반환등
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the Parties) The Defendant is a producer of piracy Co., Ltd. (hereinafter referred to as “piracy”).

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

(2) After receiving publication materials from a private teaching institute, the Plaintiff is a company that provided the Plaintiff with teaching materials, etc.

B. On September 27, 2011, as part of the establishment of a self-help on capital erosion, the piracy producer’s transfer of the publication right and sales agency contract 1) “the transfer contract for acquisition and transfer of copyright, etc. including publication and production” (hereinafter “the above transfer contract”) between the Defendant and the Defendant on September 27, 201, with the content that it would transfer all of the inventory reference documents, reference documents, copyright and publication rights owned by piracy to the Defendant at KRW 200 million and be provided with reference documents through a separate reference supply contract (hereinafter “the above transfer contract”).

2) On October 12, 201, 201, the Maritime Research Company entered into a contract for the supply of goods (hereinafter “instant contract for the supply of goods”) with the Defendant, with which the Maritime Research Company was supplied with the first class teaching material from the Defendant in November 201, 201, and the Defendant was supplied with the relevant teaching material (i school and the first class school for private teaching institutes, such as the Maritime School and the Maritime Medical Center).

3) Between the Plaintiff on February 10, 2012, the producer shall supply the Plaintiff with online learning content developed by the producer, and the Plaintiff shall provide the Plaintiff with teaching materials content separate from online learning content through the supplier of teaching materials, and the Plaintiff shall pay fees to the producer, and the Plaintiff shall enter into a contract for the supply of comprehensive business agency and learning contents (hereinafter “the above contract for sales agency”).

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