beta
(영문) 전주지방법원 2016.05.13 2015나161

유류대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff is a person who operates a gas station, and the defendant is a person who served as the chief director of the school foundation C.

B. On April 5, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with D with regard to training facilities located in Jeonju-gun E and F, etc., including the following, and D operated the “G training center” (hereinafter “instant training center”).

1. The term of lease shall be from April 5, 2012 to December 31, 2012;

2. The rent shall be one hundred million won;

3. Investment expenses ( personnel expenses and various expenses) shall be borne by a lessor from February 2, 2012 to March 2012, and a lessee shall bear expenses for purchasing training facilities, fixtures, etc. after March of the gold year.

Provided, That 10 million won shall be subsidized by a lessor to the lessee for expenses incurred in purchasing training facilities, landscaping, equipment, etc. in a gold year.

4. Special terms and conditions (1) The instant training center is a H high school and a sales agency, and the Defendant, the president of the educational foundation C, shall be the chief director and the representative of the instant training center, and has the right to supervise the management of personnel and educational finance.

D shall be the representative director of the instant training center and shall be the joint representative (Provided, That the registration of the joint representative shall enter into force when the requirements are met). D shall promote a wide-scale development by making every effort to realize the establishment ideology and goals of the instant training center and to efficiently and creative operation and management.

(2) All expenses incurred in the operation of the training center, such as various taxes, public charges, and septic tank management expenses, and garbage disposal expenses incurred in the lease, shall be borne by D.

C. Upon D’s request using the name of the instant training center, the Plaintiff supplied petroleum for heating and vehicle use to the instant training center from April 17, 2012 to September 28, 2012. The Plaintiff received KRW 3 million out of the amount of the oil, and currently paid the unpaid oil amount is KRW 4 million.

【Ground of recognition” has no dispute, Gap Nos. 1 and 2.