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1. Defendant A Co., Ltd. shall start from July 27, 2016 to KRW 513,871,172 and KRW 318,78,429 among the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company running the oil export and import brokerage business, etc., and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company running the petroleum sales and brokerage business, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company running the oil brokerage business, etc.
B. Around August 2013, the Plaintiff entered into an oil supply contract with Defendant A (hereinafter “instant contract”) with the content that the Plaintiff would pay the oil amount to USD 635 per metric ton of oil for the ship’s use, USD 1,065 per meat ton of ship’s use, USD 1,065 per meatton of ship’s use, USD 500 per meat-ship’s cost, and the Defendant would pay the oil amount to the Plaintiff within 25 days from the date of supplying the oil, but if the payment is delayed, 2% of the amount payable per month’s interest shall be paid (hereinafter “instant contract”).
C. On August 27, 2013, the Plaintiff supplied the instant vessel’s intermediate oil 845.584 metric tons, and the Plaintiff’s intermediate oil 73.791 metric tons (US$ 615,533.26). The Defendant paid the Plaintiff the amount of USD 286,03.26 on September 23, 2013, when the oil payment period has expired, USD 52,00 ($ 35,000 + USD 17,000) on October 30, 2013, USD 7,000 on November 12, 2013, and USD 7,000 on December 11, 2013.
[Reasons for Recognition] Defendant A: The fact that there is no dispute over Defendant B, each entry in the evidence Nos. 1 through 4 (including the number of branch offices; hereinafter the same shall apply) and the purport of the whole pleadings, as a whole, that the confession is made (Article 150(3) and (1) of the Civil Procedure Act
2. According to the facts of the above recognition as to the claim against the defendant A, the defendant A is obligated to pay the plaintiff the amount of the unpaid oil payment to USD 281,98.88 and USD 454,552.12 (the details of the appropriation for performance are as stated in the attached Form) and the compensation for delay.
Therefore, Defendant A’s principal and interest of the above oil payment to the Plaintiff as of May 11, 2017, which is the date of closing the argument in this case.