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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who has run a wholesale and retail business with the trade name of “B gas station,” and the Defendant is a company that runs a domestic travel brokerage business, a chartered bus transportation business, etc.
B. On April 30, 2010, the Plaintiff issued each tax invoice of KRW 3,000,000 on May 31, 2010, and KRW 10,000,000 on June 30, 2010, KRW 10,500,000 on August 30, 2010, and KRW 5,000,000 on September 30, 201, and KRW 2,30,000 on December 31, 2010 (hereinafter “each of the instant tax invoices”).
[Reasons for Recognition] The entry of Gap evidence Nos. 1-1-6, 3-3, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff alleged that the plaintiff supplied oil equivalent to the total amount of KRW 27,300,000 to the defendant on credit as shown in each of the tax invoices of this case, but the defendant did not pay the price. Thus, the defendant is liable to pay the plaintiff the oil price of KRW 27,30,000 and delay damages.
B. We find it difficult to believe that each statement in Gap evidence Nos. 7, 11, and 15 was merely a meri and a book prepared by the plaintiff unilaterally, and it is difficult to believe that the statement in Gap evidence Nos. 1-6, 8-1 through 10, 12-12, 14, and 16 was provided with oil equivalent to 27,300,000 won from the plaintiff on credit, and there is no other evidence to prove that the plaintiff was provided with oil equivalent to 27,30,000 won from the plaintiff on credit. Thus, the plaintiff's above assertion is without merit.
Rather, the following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of Eul evidence Nos. 1 through 6, witness C and D, as well as the overall purport of testimony and arguments, (i) the Defendant’s tourist bus entry borrower C from April 2010 to April 201, and D from April 2009 to April 2012 to the Defendant’s land entry borrower. The amount of the oil was paid in cash and there was no credit in the supply of oil at the gas station B, and (ii) each of the tax invoices of this case is the amount of KRW 10,000,000, which is less than the end of each month.