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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The plaintiff's claim against the defendant MT logistics corporation.
Reasons
1. Facts of recognition;
A. On April 23, 2013, the Plaintiff operated the “C gas station” (hereinafter “Plaintiff”), and Defendant B entered into a land entry contract with Defendant MT Co., Ltd. (hereinafter “Defendant Company”) on the instant vehicles as the borrower of the instant vehicles D and E (hereinafter “instant vehicles”). Defendant B’s husband F operated the instant vehicles.
B. From April 2013, F was supplied with oil on credit to the instant vehicles from the Plaintiff’s gas station. The payment was made by Defendant B and F, and the Plaintiff indicated the issue tax invoice as “the recipient”.
C. After that, Defendant B and F’s credit increase, the Plaintiff received a provisional attachment order on May 18, 2016 by the Daegu District Court 2016Kadan2216 on the instant vehicles, and the provisional attachment was registered on the following day.
(hereinafter “instant provisional seizure”) D.
F immediately after the provisional attachment of this case, the Plaintiff asked that “The Plaintiff shall pay the oil price to be disposed of, which is not sold, to settle the oil price with the sold money if the provisional attachment is sold.”
On July 5, 2016, Defendant B and F prepared a letter of guarantee (Evidence 10) to the effect that “The payment of KRW 25,316,000 of the oil price for Nabin will be made from December 1, 2015 to June 14, 2016” (Evidence 10) with the payment of KRW 2,00,000 to the Plaintiff.
Accordingly, on July 14, 2016, the Plaintiff filed an application for withdrawal and cancellation of enforcement of the provisional seizure of this case.
E. On August 2016, the Plaintiff received fuel subsidies from the Daegu Metropolitan City by Defendant B to cover the fuel price, and then received Defendant B’s fuel subsidies of KRW 7.5 million.
[Ground of recognition] Gap's evidence Nos. 1 through 5, 7, 8, 10, Eul's evidence Nos. 3 and 5, the inquiry reply to the inquiry of North Daegu tax office, the reply to the financial transaction information of the new bank, the testimony of the witness F, and the whole pleadings.