Defendant B Company 30,667,200 and its amount are 6% per annum from June 1, 2019 to September 10, 2020.

1. The Plaintiff asserted that the Plaintiff supplied oil to Defendant B Co., Ltd. (hereinafter “Defendant Company”) since several years ago, and that if the amount of the oil was paid by issuing a tax invoice at the end of the month, the Defendant Company agreed to pay the total amount by the end of the month or the end of the following month.

However, around April 12, 2019, the Defendant Company requested the supply of oil by Defendant C, the representative of the Defendant Company, around May 3, 2019 (including value-added tax) under the condition that the amount payable for oil payment is KRW 36,261,00 (including value-added tax) and that the Plaintiff would supply oil if he/she pays the oil, and that Defendant C would be a joint and several surety for the amount payable for oil and subsequent payment. As of May 12, 2019, the amount payable for oil payment reaches KRW 36,718,000.

Therefore, the defendants are jointly and severally liable to pay 36,718,000 won and damages for delay.

2. Determination as to the claim against the defendant company

A. 1) The Plaintiff is a business entity that engages in wholesale and retail business with the trade name of “D gas station,” and the Defendant Company is a company that engages in housing construction business, etc., and Defendant C is the representative director of the Defendant Company. 2) The Plaintiff supplied the Defendant Company with oil equivalent to KRW 30,667,200 in total from June 2017 to May 2019, and issued electronic tax invoices.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

B. According to the above facts of recognition 1, the defendant company is obligated to pay to the plaintiff damages for delay calculated at the rate of 30,667,200 per annum under the Commercial Act from June 1, 2019 to September 10, 2020, which is the date of the decision of this case where it is deemed reasonable to dispute over the existence and scope of the above performance obligation by the defendant company from June 1, 2019 to the date of the decision of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment (2).