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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person operating a mutual gas station with the trade name “B gas station,” and the Defendant is a company with the purpose of leasing construction equipment.
B. The Plaintiff entered into an oil supply contract with the Defendant around January 2013, and supplied oil used for the construction equipment leased by the Defendant from that time to December 2014 according to the above supply contract.
[Ground for recognition] Unsatisfy
2. Determination on the cause of the claim
A. The Plaintiff asserted 1) The Plaintiff supplied the Defendant with oil equivalent to KRW 53,553,349 as monthly average from October 24, 2014 to November 20, 2014, and supplied the Defendant with oil equivalent to KRW 43,690,127 as monthly average from November 21, 2014 to December 20, 2014. (2) The Defendant paid the amount of oil normally as to the oil supplied until October 20, 2014. However, the Plaintiff rejected the payment of KRW 97,243,376 for the total amount of oil paid by November and December. 1, 2014.
3) Therefore, the Defendant is liable to pay the above oil price of KRW 97,243,376, which was not paid to the Plaintiff. However, since the above oil price of KRW 12,00,000 is additionally stated, the Plaintiff is entitled to pay KRW 85,243,476, which is the remainder of the oil price after deducting it. (B) In light of the following facts and circumstances, it is difficult to recognize that the Plaintiff’s oil price of KRW 1,243,476, which was paid to November and December of 2014, only with the descriptions of the evidence Nos. 1 through 3, 5 (including the paper numbers) are 85,243,476, which was supplied to the Plaintiff, and there is no other evidence to acknowledge it.
① At the request of the Defendant C, the Plaintiff received the gas supply price from the Defendant and paid C part of the oil supply price as the gas supply price.
② The Plaintiff recognized the fact that he/she paid oil on March 23, 2015, and paid the oil to the Defendant in KRW 53,553,349.