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1. The judgment of the first instance, including the primary claim added by this court, shall be amended as follows:
The plaintiff.
Reasons
1. Basic facts
A. The Plaintiff operates C in Pyeongtaek-si E, and the Defendant is a company that engages in construction business.
B. On February 28, 2014, the Plaintiff issued an electronic tax invoice of KRW 33 million (including value-added tax) to D Limited Liability Company (hereinafter “D”).
C. On September 11, 2014, the Plaintiff sent to D a document proving that “The amount of KRW 33 million supplied by February 201, 2014 shall be changed to September 17, 2014.” Accordingly, D, on September 29, 2014, sent to the Plaintiff a document proving that “D entered into a construction machinery lease agreement with the Defendant, and, on May 22, 2014, provided that “D shall supply oil to the Defendant while working in the G construction site within the F District (hereinafter “the instant construction site”) in the Republic of Korea from October 4, 2013 to May 22, 2014, D shall not be obliged to pay the Plaintiff the amount of oil.”
1) The Plaintiff filed a lawsuit against the Defendant during the period from February 2, 2014 to May 2014, 2014 (hereinafter “J construction site”). The Plaintiff is a 14th construction site of Howon-gu Apartment apartment construction (hereinafter “J construction site”).
(2) On July 20, 2017, the Plaintiff filed a lawsuit seeking compensation for damages from fake petroleum supplied by the Plaintiff as a counterclaim (Seoul Eastern District Court 2014Gahap10858, 2015Gahap103812 (Counterclaim)). The above court dismissed all of the Plaintiff’s principal claim and the Defendant’s counterclaim, and both the Plaintiff and the Defendant filed an appeal (Seoul High Court 2017Na201221 (principal claim), 2017Na201238 (Counterclaim), 2017Na2038)). The Plaintiff’s appeal was partially accepted from the Seoul High Court on July 20, 2017, and “the Defendant paid the Plaintiff the amount of unpaid petroleum payment 156,555,568 won and damages for delay paid to the Plaintiff” (the Defendant’s appeal was dismissed).
The Defendant appealed, but was dismissed on October 26, 2017, and the above judgment became final and conclusive on October 27, 2017.