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1. The Defendant shall pay KRW 59,020,00 to the Plaintiff at the rate of KRW 20% per annum from March 31, 2015 to the date of complete payment.
Reasons
1. The parties' assertion
A. The Plaintiff is an enterprise that engages in retail business of petroleum products. The Defendant is the person who operates a gas station B. After concluding a petroleum product supply contract with the Defendant on December 3, 2014, the Plaintiff supplied petroleum on credit to the Defendant several occasions from December 8, 2014 to January 7, 2015, and the Plaintiff was not paid a total of KRW 59,020,000 (value 190,020,000 - the price paid 131,00,000,000) out of the price. Thus, the Defendant is obligated to pay the Plaintiff KRW 59,020,000 and delay damages.
B. Although there was a fact that the Defendant entered into a petroleum product supply contract with the Plaintiff and traded, light oil equivalent to KRW 39,680,000, which the Plaintiff supplied to the Defendant on January 7, 2015, was not entered into the Defendant’s B gas station operated by the Defendant, and thus, the Plaintiff’s claim for part of the Plaintiff’s claim is without merit.
2. Determination
A. There is no dispute over KRW 19,340,00 ( KRW 59,020,000 - KRW 39,680,00) out of the oil payments to be paid by the Defendant to the Plaintiff.
B. As to whether the Plaintiff supplied transit equivalent to KRW 39,680,00 to the Defendant on January 7, 2015, according to the overall purport of the statement and arguments as to whether the Plaintiff supplied it to the Defendant, it can be acknowledged that the transit was supplied to C and D, a vehicle designated by the Defendant, and that the transit was supplied to the Defendant, as long as the Plaintiff supplied it to the driver designated by the Defendant, and provided it to the Defendant, as long as the Plaintiff did not deliver it to the Plaintiff’s station operated by the Defendant, it should be seen that the Plaintiff was supplied to the Defendant on the following grounds: (a) according to the overall purport of the statement and argument as to the Plaintiff’s evidence Nos. 3, 3, 4-1, 7, 8, 10, and evidence Nos. 11-1, 11-2; and (b) at the Defendant’s request, the Plaintiff paid the transit to the Plaintiff on the same day as the Defendant’s driver or the Defendant’s manager.