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The defendant shall pay 267,415,850 won to the plaintiff and 12% per annum from August 8, 2019 to the day of complete payment.
Reasons
Judgment on the Grounds of Claim
A. On November 2017, the Plaintiff entered into a petroleum supply contract with the Defendant operating the “D gas station” located in Seo-gu, Seo-gu, Seoju-si, and supplied oil to the Defendant. From that time, the amount of oil paid by the Defendant to the Plaintiff by September 27, 2018 is the sum of KRW 243,395,830, and there is no dispute between the parties.
B. Meanwhile, the Plaintiff asserted that he/she supplied a total of KRW 27,520,00 to the Defendant on September 28, 2018, and the Defendant asserted that only until September 27, 2018, he/she operated the above gas station and transferred it to E, and that E was supplied with oil on September 28, 2018.
In light of the following circumstances, which are acknowledged by adding the whole purport of the pleadings to the statements in evidence Nos. 1, 5, and 7, it is reasonable to deem that the Plaintiff supplied the Defendant a total sum of KRW 27,520,000 to the Defendant on September 28, 2018, including the oil supplied by the Plaintiff on September 28, 2018, the supplied person on an electronic tax invoice issued by the Plaintiff on the relevant month is the Defendant; and ③ it is difficult for the Defendant to operate a gas station only until September 27, 2018, and immediately transfer it to E on the following day.
C. Therefore, the Defendant, as requested by the Plaintiff, is obligated to pay to the Plaintiff the total sum of the unpaid oil price of KRW 267,415,850 [the amount deducted by the Plaintiff due to discount, compensation, etc.] and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 8, 2019 to the day of full payment, which is the day following the day of delivery of a duplicate of the application for the instant payment order].
Judgment on the defendant's argument
A. The summary of the Defendant’s assertion was that the Defendant, around September 2018, transferred the business of the gas station to E, and the Plaintiff, the Defendant, and the third parties did not pay the Plaintiff.