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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company with the purpose of petroleum wholesale and retail business, and the Defendant, a company with the purpose of trucking transport business, etc., has entered C treatment 25 tons car trucks from B (hereinafter “instant land-type trucks”) and had B operate them.
B. From October 1, 2015 to January 14, 2016, the Plaintiff supplied each of the consumed goods worth KRW 10,023,000, to B operating the instant rolling stock, and from October 28, 2015 to January 1, 2016, the Plaintiff supplied each of the consumed goods worth KRW 90,000,000.
【Fact-finding without dispute over the ground for recognition】 Each entry in Gap's evidence 1 through 3 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The pertinent legal doctrine applies to a vehicle, the ownership of which or the right to manage operation, externally belongs to the company, and even if a branch owner directly operates and manages a branch owner, the branch owner is entrusted by the branch owner with the right to manage operation and management of the branch owner. Thus, if the branch owner purchased oil necessary for the operation and management of the branch owner, and engaged in an act that falls under ordinary business affairs, such as managing the operation and management of the branch owner, then the branch owner shall be deemed to act as the agent for the above transport business owner, unless there is a special agreement on the part of the branch owner that only the branch owner who directly receives the fuel for the operation and management of the branch owner, and if the branch owner engaged in an act that falls under ordinary business affairs, such as purchase of oil necessary for the operation of the branch owner, etc., of the branch owner, he/she did not act as the representative of the branch owner in performing the oil supply transaction with the above transport business owner.
B. (See Supreme Court Decisions 87Meu1026, Sept. 8, 1987; 89Meu319, Oct. 27, 1989, etc.).
Judgment
In light of the above legal principles, special circumstances are examined.