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(영문) 부산지방법원 2020.02.13 2017가단318050

물품대금청구

Text

1. Defendant I Co., Ltd. 40,126,246 won and the interest rate of 12% per annum from June 6, 2017 to the date of full payment.

Reasons

1. Summary of claims, etc. and determination thereof

A. The Plaintiff supplied oil to the Defendants as listed below, and thus, did not receive the payment, the Plaintiff sought an amount equivalent to the claim amount.

(A) The Defendant Company does not dispute the Plaintiff’s claim. The Defendants’ period (2014) supplied amount (the amount claimed) B

Above 6. 27

9.23. 8,913,804 Won C

Above 6. 28

9.2. 6,120,330 Won D

Above 6. 29

81. 981,940 Won E

Above 600 up to or up to 6.

9. 23. 9,482,070 Won F

Above 8. 29

9.1. 568,172 G

Above 6. 27

9.1. 2,144,349 H

Above 600 up to or up to 6.

8. The defendant company of 3,37,152 won;

Above 7.5

9. 25.40,126,246 won;

B. The Defendants (excluding the Defendant Company) did not conclude an oil supply contract with the Plaintiff, and the parties to the oil supply contract are the Defendant Company, and the Defendants do not have any obligation to respond to the Plaintiff’s request

C. Each statement in Eul evidence Nos. 1 through 3 (including paper numbers), each statement in the witness J’s testimony, any further purpose of the entire pleadings is recognized or may be known, i.e., the Plaintiff and the Defendants did not conclude a specific oil supply contract between the Plaintiff and the Defendants (the Plaintiff and the Defendant Company appears to have prepared the oil supply contract), the Plaintiff was provided by the Defendant Company with the personal information of the Defendants for the issuance of the tax invoice (the issuance of the tax invoice in the name of the Defendant appears to have been convenient or customary for convenience and practice). The Defendants received from the Defendant Company the remaining money after deducting the oil price from receiving the carriage, such as soil and sand, from the Defendant Company. The Defendants appears to include the oil price paid by the Defendant Company to the Plaintiff as the transporter, such as the Defendant, in the oil expense on April 1, 2014 through August 8, 2014. The Defendants received the oil supply contract from the Defendant Company and received the oil supply price from the Plaintiff Company based on the oil supply agreement.