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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff, while operating the D gas station located in Jinju-si, was milked on the E25 tons truck owned by the Defendant from December 3, 2012 to March 7, 2013 (hereinafter “instant vehicle”).

B. The unpaid amount out of the oil price generated with respect to the instant vehicle during the above period is KRW 9,383,100.

C. Meanwhile, from December 18, 2012 to March 8, 2013, F Co., Ltd. (hereinafter “F”) had a total of 6 tons of truck 25 tons invested at the construction site of the Gtermping site of Jinju, including the instant vehicle, gas stations operated by the Plaintiff, and paid the Plaintiff KRW 30,100,000,000 as the amount of the oil payment.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 2, and 4 (including each number, if any; hereinafter the same shall apply), Eul evidence 8, witness of the first instance court, witness of the first instance court, and I's testimony and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff provided oil to the Defendant by the method of oiling on the instant vehicle from December 3, 2012 to March 7, 2013. As such, the Defendant is obligated to pay KRW 9,383,100, which is the unpaid amount out of the oil price generated during that period, to the Plaintiff. 2) The Defendant’s assertion concluded an oil supply contract with F and limited to the instant vehicle, and thus, the Defendant is not obliged to pay the oil price to the Plaintiff.

B. The testimony of the first, second, and third evidence and the first instance court witness J alone are insufficient to recognize that the Plaintiff was the subject of the instant vehicle based on the oil supply contract concluded with the Defendant, and there is no other evidence to prove otherwise.

Rather, in full view of the testimony of the first instance court witness I, H, and K in the statements of evidence Nos. 3, 5, and 9, the F representative ordered the Plaintiff to enter into an oil supply contract with the content that the oil price would be paid from F, by sending the Plaintiff, who is an employee, and the I found the Plaintiff.