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(영문) 의정부지방법원 2018.10.10 2016가합56424

물품대금

Text

1. The Plaintiff:

A. Defendant B’s KRW 57,163,00 as well as 6% per annum from November 1, 2016 to October 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that is supplied with oil from G Co., Ltd. (hereinafter “G”) and sells it to other gas stations and industries, etc., and Defendant C Co., Ltd. (hereinafter “C”) and the remaining Defendants operate their respective trade names (Defendant B, Defendant D, I, Defendant E, and Defendant F, K, and K).

B. L entered the Plaintiff Company on September 17, 2012 and worked as the head of the Plaintiff’s business team from around 2015 to October 10, 2016, concluded an oil supply contract with the Defendants and supplied the Defendants with oil.

L, on the basis of the guidelines presented by the oil refining, presented the oil price to the customer and subsequently promised to discount a certain amount, and then operated the business by receiving an order from the customer.

C. The Plaintiff issued a tax invoice to the customer on the 10th day of the following month on the basis of the oil price offered by LA to the customer and has appropriated that amount in the ledger of the customer.

[Ground of recognition] Facts without dispute, Gap's evidence 17, 18, Gap's evidence 20-3, 4, Eul's evidence 20-2, Eul's witness's witness's witness's witness's testimony, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendants supplied oil to the Defendants from around 2015, and that part of the amount of oil was unpaid, the Defendants are liable to pay the remaining amount of oil calculated on the basis of the Customer Director and the tax invoice to the Plaintiff.

B. The Defendants’ common assertion 1) The Defendants were provided with oil at a discounted price than the amount indicated in the customer ledger from L, who is the head of the Plaintiff’s business team. As such, the Plaintiff’s claim for calculating the unpaid oil amount by the Defendants based on the customer ledger is unreasonable. 2) The Defendants’ individual assertion for additional oil payment by Defendant C is KRW 381,136,00 in total.

(2) Defendant.