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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. In the first instance court, the Plaintiff filed a claim against the Defendant for payment of KRW 16,368,876 of the oil price and damages for delay on the ground that the Plaintiff supplied the Defendant with oil, and the court of first instance dismissed the remainder of the claim by citing KRW 2,946,340 of the above oil price and damages for delay.
Accordingly, only the Plaintiff appealed to the remainder of KRW 13,422,536 except for the part cited by the court of first instance (=16,368,876 won - 2,946,340 won). As such, the scope of the judgment of this court is limited to KRW 13,42,536 out of the above amount of oil.
2. Facts of recognition;
A. Around June 2015, 2015, White Construction Co., Ltd. (hereinafter “White Construction”) entered into a contract with B and Seosan C’s two parcels of land and transferred the status of the above contract to the Defendant on July 6, 2015.
B. On July 7, 2015, the Defendant entered into a contract with a stock company to supply sand that was removed as described in the foregoing paragraph from July 7, 2015 to September 15, 2015, to Taean Enterprise City Golf Course Ma3, and 4.
C. The Plaintiff operating a gas station has concluded an oil supply contract with the White Construction, and the Defendant supplied the oil.
The plaintiff's gas station, which is the customer of the existing White Construction, continued to pay oil to the defendant's vehicle after receiving the contractual status from the White Construction as described in the paragraph. D.
Vehicles at the construction site of the defendant shall be from July 28, 2015 to the same year.
8. Until December 25, 200, an oil amounting to KRW 16,368,876 was supplied by the Plaintiff in the course of taking out and delivering the said soil.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 14, testimony of witness E by this court, purport of whole pleadings
3. According to the above facts of determination, the defendant seeks from the plaintiff as the oil supply date for KRW 16,368,876 and KRW 2,946,340, which are payable to the plaintiff.