물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that supplied oil to a D gas station. Defendant A is the representative of a D gas station until February 2014, and Defendant B is the person who actually operates a D gas station due to Defendant A’s fraud. Defendant C is the father and wife of Defendant A, and the representative of D gas station from February 26, 2014.
B. The Plaintiff traded from April 2014 to October 2013, 201, such as supplying petroleum to D gas stations and receiving the price.
[Ground of recognition] Facts without dispute, Gap evidence 3-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion
A. From April 2, 2012 to October 2, 2013, the Plaintiff supplied 441,330,949 won oil equivalent to KRW 143,718, as indicated in the separate sheet to D gas stations. The Defendants, the representative or operator of D gas stations, were paid only KRW 390,830,334 as indicated in the separate sheet between April 4, 2012 and October 31, 2013, and did not pay the remainder KRW 50,50,615 to the Plaintiff.
However, the difference of about 8,625 won is deemed to have occurred as D gas stations deposit at a full cost or KRW 00,000. Thus, the defendant is obligated to pay 50,411,990 won after subtracting the outstanding amount of 50,50,615 won from the outstanding amount of 50,50,615 won to the plaintiff.
B. In addition, the Defendant is obligated to pay to the Plaintiff KRW 50,411,90, the outstanding amount of the above oil payment to the Plaintiff KRW 6,587,165 per annum, applying the interest rate of KRW 6.5.5% per annum (6.5%) during the period from November 1, 2013 to February 28, 2016, on the date following the last date of payment of the oil payment.
C. Therefore, the Defendants jointly and severally serve the Plaintiff as the representative or the actual operator of the D Co., Ltd. with a total of KRW 56,99,155 (= KRW 50,411,990, KRW 6,587,165) and a copy of the complaint of this case as to KRW 50,411,990, which is the outstanding amount of oil payment among them.