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(영문) 인천지방법원 2014.07.18 2013가합14800

유류대금

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 32,108,907 on June 1, 2013 and the Plaintiff’s counterclaim on July 18, 2014.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by comprehensively taking into account the respective descriptions of Gap evidence 1 through 25, Eul evidence 1, 7, 8, and 9 (if any, including each number; hereinafter the same shall apply) and the whole purport of pleadings:

The parties concerned Plaintiff is a person who runs a petroleum retail business with the trade name of "D gas station" in Scheon-si, and the Defendant is a corporation that runs a retail business of aggregate aggregate in Scheon-si E and engages in aggregate transport business, etc.

Around July 2012, the Plaintiff entered into an oil supply contract and the Plaintiff’s oil supply contract with the Defendant, entered into an agreement with the Defendant on the supply of oil to heavy machinery, equipment, etc. put into a construction site located at the Defendant’s site located at Pocheon-si, and supplied 373,644,149 won to 10 times from that time until April 2013.

At the time of concluding a oil supply contract with the Defendant, the Plaintiff agreed to pay the oil price by the end of the following month after settling the end of each month. Accordingly, the amount of oil payment that the Defendant paid to the Plaintiff from July 2012 to May 2013 is KRW 231,535,242, totaling KRW 142,108,907 (=373,64,149-231,535,242).

On the other hand, on October 21, 2013, the Plaintiff received 80 million won out of the above oil payment from the Defendant’s original construction corporation, the debtor, from the bank passbook in the name of the Plaintiff, and the oil payment that has not been paid up to the date is KRW 62,108,907 (=142,108,907 won-8,000 won).

According to the above facts of the judgment on the cause of the claim concerning the main claim, the defendant is obligated to pay the plaintiff the unpaid oil price of KRW 62,108,907 and delay damages therefor, except in extenuating circumstances.

The summary of the defendant's argument on the defendant's defense is set-off within the extent of an amount equal to the plaintiff's above oil payment claim against the defendant with the defendant's following claims held by the defendant against the plaintiff:

(1)