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(영문) 청주지방법원충주지원 2017.07.05 2016가단5477
주유대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion on the cause of the claim;

A. The Plaintiff’s assertion 1) concluded an oil supply contract with the Defendant and supplied a total of KRW 152,880,693 from April 30, 2015 to July 31, 2015, and received KRW 50,015,548 out of the above oil payment from the Defendant. Accordingly, the Defendant is liable to pay the remainder of KRW 102,865,145 (=152,880,693 - 50,548) and damages for delay to the Plaintiff.

B. The defendant's assertion did not conclude a oil supply contract with the plaintiff, and only C, the defendant's contractor, concluded a oil supply contract with the plaintiff.

2. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 2, 3, 4, and 7 (including documentary evidence with a serial number; hereinafter the same shall apply), the Plaintiff’s business registration certificate and defendant’s representative director D’s name is holding the name of the name indicated as a management director of a stock company E, and the Plaintiff’s name was issued to the Defendant as follows: ① (1) 25,015,548 won on April 30, 2015; (2) 35,038,723 won on May 31, 2015; (3) 39,705,7037 won on June 30, 2015; and (4) 0,005 won on July 31, 2015; and (5) 30,005 won on May 30, 201; and (3) 20,705 won on each of the accounts under the name of the Plaintiff.

However, considering the following circumstances acknowledged by comprehensively taking account of evidence Nos. 4, 5, and 1, evidence No. 1, and witness F’s testimony, it is difficult to recognize that the Plaintiff concluded an oil supply agreement with the Defendant and supplied oil to the Defendant, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's claim based on this premise is without merit without further review.

Furthermore, evidence No. 2-3

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