유류대금
1. The Defendant shall pay to the Plaintiff KRW 33,210,040 and the interest rate of KRW 15% per annum from April 15, 2016 to the date of complete payment.
1. Examining the reasoning of the judgment as to the cause of the claim Gap's evidence Nos. 1 through 8, and the witness Eul's testimony in addition to the whole purport of the pleadings, it is recognized that the Plaintiff entered into an oil supply contract with the Defendant around January 2, 2016 (hereinafter "instant oil supply contract") and provided oil equivalent to KRW 53,210,040 from January 2, 2016 to February 23, 2016, and that the Defendant paid KRW 20,000,000 out of the above oil payment on March 17, 2016.
According to the above facts, unless there are special circumstances, the defendant is obliged to pay to the plaintiff 3,210,040 won for unclaimed oil (=53,210,040 won - 20,000,000 won) and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 15, 2016 until the date of service of the original copy of the payment order in this case.
2. Judgment on the defendant's assertion
A. The main point of the argument is that the party to the oil supply contract of this case is not the defendant but the innovative development company (hereinafter referred to as "renovation development"), and the defendant was supplied with oil from innovative development and used it, so the defendant is not obligated to pay the oil price to the plaintiff.
B. In addition to the statement in Eul evidence No. 1, the defendant entered into a contract on the production of aggregate and the use of equipment, etc. with the innovative development on October 27, 2015. At the time, the defendant was using the oil for innovative development, but the innovative development agreed to pay the remainder after deducting the oil price every month.
However, the above facts and evidence Nos. 1 through 8, and the following circumstances that can be known by adding the whole purport of the pleadings to the witness B’s testimony, i.e., the Defendant’s employee C confirmed and sealed the fact of transactions on the transaction account book at the time the Plaintiff supplied oil, and ii) the Plaintiff was supplied with the Defendant on February 15, 2016 and on February 29, 2016.