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(영문) 광주지방법원순천지원 2015.05.01 2014가단20909

유류대금 등

Text

1. Defendants B and C are jointly and severally and severally liable to the Plaintiff for KRW 44,640,602 and their amount from January 21, 2015.

Reasons

1. The Plaintiff’s determination as to the claim for oil payment against Defendant B and the Defendant Limited Company C from November 1, 2013 to March 31, 2014, supplied oil to the construction site, etc. of Defendant C and the Defendant Limited Liability Company C, and the Defendants are liable to pay the amount equivalent to 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from January 21, 2015 to the date of complete payment, as requested by the Plaintiff. The Defendants are liable to pay the amount equivalent to 44,640,602 won, which is the day following the delivery date of the duplicate of the instant complaint, to the day of full payment.

2. Determination on the claim for damages against Defendant B and Defendant limited liability companies D

A. (1) On September 201, 201, the Plaintiff heard that if Defendant B transferred a motor vehicle to be used for business, it is necessary to transfer the motor vehicle, the Plaintiff would allow the Plaintiff to supply the oil supply at the construction site in which Defendant B is in charge, and would give a normal approval for the oil payment to Defendant B’s limited liability company on November 21, 201, and the Plaintiff is called the “instant motor vehicle” (hereinafter “instant motor vehicle”).

A) The fact that the ownership transfer registration was filed with respect to Defendant B, the representative director of Defendant D limited liability company, F, and Defendant B was practically operating Defendant D limited liability company. However, Defendant B and the Defendant limited liability company were supplied with oil from the Plaintiff and did not pay the oil amount properly. After that, the Defendant limited liability company transferred the instant vehicle to a third party on July 12, 2012, the fact that the Plaintiff transferred the instant vehicle to a third party is without dispute between the parties, or is recognized by the overall purport of each of the statements and arguments set forth in subparagraphs A and 7 (including serial numbers) and all of the arguments.