A. The Plaintiff is a stock company established for the purpose of wholesale and retail business of petroleum products, and the Defendant is a stock company established for the purpose of operating oil stations, gas filling stations, and general petroleum retail shops.

나. 원고, 피고, 주식회사 C(이하 ‘C’라 한다) 3자는 2017. 5. 30. C가 원고에게 공급한 벙커C유 석유제품 중 가장 많이 유출(수율 약 40%)되며, 나프타 유분에서 경질유를 제거한 유출유와 상압잔사유(常壓殘渣油, Atmospheric Residue)의 혼합물 및 상압잔사유 자체를 말한다.

A mitc oil is the lowest among petroleum products, and re-processed them, and made lub oil, asphalt, petroleum coke, etc.

(B/C oil; hereinafter “instant oil supply contract”) concluded the “instant oil supply contract” and “business activities and agreement with respect to the introduction of the OEM and Oproginal Equation System” (OEM) on June 1, 2017 to February 28, 2018, which the Plaintiff agreed to provide the Defendant with the marks from June 1, 2017 to February 28, 2018.”

C. At the time of the instant oil supply contract, the Plaintiff and C paid KRW 200,000,000 (the Plaintiff KRW 100,000,000 by the Plaintiff, and KRW 100,000,000 by C by the Plaintiff) to the Defendant as the defective performance bond, and upon termination of the instant oil supply contract, the Defendant decided to return the said defective performance bond to the Plaintiff and C. Accordingly, the Plaintiff paid KRW 100,000 to the Defendant on May 31, 2017.

From June 2017 to September 2017, the Plaintiff supplied the instant oil to the Defendant in accordance with the instant oil supply contract for about four months (the Defendant once again supplied the entire amount of the instant oil to the Defendant as “final Supplier” under the instant oil supply contract (hereinafter “D”).

(1) The Defendant supplied the Plaintiff with the oil price in total 300,059.