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1. The Defendant’s KRW 201,603,00 for the Plaintiff and KRW 20% per annum from February 13, 2015 to September 30, 2015.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff, who operates a gas station with the trade name of “B”, supplied transit through the Defendant, who runs the chartered bus transport business, etc. from September 16, 2013 to September 24, 2014. 2) During the above period, the transit price that the Plaintiff supplied to the Defendant from June 2014 to September 2014 is set forth below.
Amount of time (won) 60,377,000 on July 67, 2014, 2017,274,000 on August 73, 2014, 166,000 on September 43, 2014 24,689,00 / [based on recognition] /3,872,000 on September 43, 2014; evidence No. 24,689,00 on June 11, 13, 14, 15, A3, and 5 (including additional numbers); each description of evidence No. 2-11, 13, 15, and the purport of the entire pleadings;
B. According to the Defendant’s duty to pay the price for goods, the Defendant is obligated to pay the Plaintiff the remainder of KRW 201,603,00,000, excluding the amount of KRW 43,086,00,00, which was paid to the Plaintiff from June to September, 2014, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. 1) The defendant asserts that since the plaintiff purchased light oil from SK Energy and sold it with a closing price of 50 won per liter generally, the defendant agreed at a discount of 20 won per liter to the defendant, the defendant asserts that light oil to be paid to the plaintiff should be calculated on the basis of "30 won per liter unit price for purchase from SK Energy" per liter. However, it is insufficient to recognize that the plaintiff and the defendant set the unit price of light as "30 won unit price for purchase from SK Energy" based on each description of evidence Nos. 2 and 3 (including paper numbers) and the result of the plaintiff's personal examination, it is insufficient to recognize that the plaintiff and the defendant set the unit price of light as "30 won unit price for purchase from SK Energy", and there is no other evidence to prove
(A) According to the above evidence, if the plaintiff paid light oil to the defendant in cash as a result of the transaction with the defendant, it seems that the plaintiff paid light oil at a discount of 20 won per liter.
Offset 1.