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(영문) 부산지방법원 2018.06.07 2017가단316832

유류대금 청구 사건

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the claim and its judgment

A. On August 8, 2014, the Defendant was supplied by the Plaintiff with 20,00 litres, which were leased and used for the reclamation of public waters in the common industrial complex C general industrial complex on August 8, 2014 by setting up B, etc., the actual president, as his agent, via the tugboat 102, which belongs to the 10,000 liters, 10,000 litres, 3,000 litres, and 20,000 litres and mits, which are 20,000 litres and payments for the vessels affiliated with C general industrial complex on the 13th of the same month, and 10,000 litres and payments for the 26th of the same month.

The plaintiff shall pay the sum of the supply amount of the above August to KRW 57,729,507 by the last day of the following month, but the defendant shall not pay the above oil price. Thus, the defendant has a duty to pay the plaintiff the amount equivalent to the claim amount, which is not so.

Even if the defendant gains a benefit equivalent to the above oil price without any legal ground, he/she seeks the return of such benefit.

B. In light of the written evidence Nos. 1, 4, 5, 6, 7, and 8 of the judgment No. 1, 4, 5, 7, and 8, the evidence submitted by the Plaintiff alone is insufficient to deem that the Defendant was supplied with the Plaintiff’s assertion by means of putting his agent

Accordingly, all of the plaintiff's claims seeking the payment of oil price or unjust enrichment equivalent to the amount can not be accepted.

2. The plaintiff's claim for the conclusion is dismissed as it is without merit.