유류대금 청구의 소
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
1. The fact that the Plaintiff operating a gas station under the trade name of “D gas station” is deemed to have provided the Defendant with cargo and passenger oil for passenger cars from May 2013 to December 2015; the Defendant agreed to pay the Plaintiff the oil price within five days after the end of each month; the Defendant’s payment of the oil price unpaid to the Plaintiff is KRW 19,170,120 (=24,038,970 (i.e., the attempted amount entered in the complaint initially claimed by the Plaintiff - KRW 4,785,830 per truck for passenger cars without dispute between the Plaintiff and the Defendant - The fact that the amount of reduction of KRW 70 per liter for passenger cars without dispute between the Plaintiff and the Defendant is to be recognized in full view of the following: (a) there is no dispute between the parties; (b) No. 1, 2, and No. 1 (including the serial number; hereinafter the same shall apply) and the purport of the entire pleadings.
According to the above facts, the defendant is obligated to pay 19,170,120 won and delay damages to the plaintiff, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. First, the Defendant asserts to the effect that, around December 2013, the Plaintiff had the Plaintiff purchase a cargo vehicle at KRW 5 million higher than the market price, and was exempted from both the unpaid oil price of KRW 4,810,502 as of December 2013, but there is no evidence to acknowledge the Defendant’s allegation.
Therefore, the defendant's above assertion is without merit.
B. The Defendant also asserts to the effect that on August 19, 2015, the Defendant paid the Plaintiff 6 million won oil price with the Defendant’s representative E’s credit card.
On September 1, 2013, the Plaintiff asserted that the Plaintiff received reimbursement of KRW 6 million, which had been lent to E individual on September 11, 2013.
Comprehensively taking account of the description of evidence No. 3 and the purport of the whole argument in the testimony of the witness F of the Party F, the Plaintiff received a request from E on September 11, 2013 to lend KRW 6 million, and the Defendant’s employee transferred KRW 6 million to F’s account, and the F immediately transferred KRW 6 million to E.