(영문) 울산지방법원 2014.04.29 2013가단28352

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(영문) 울산지방법원 2014.04.29 2013가단28352

유류대

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1. The Defendant shall pay to the Plaintiff KRW 96,194,077 and the interest rate of KRW 20% per annum from September 10, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On January 28, 2013, the Defendant awarded a contract for the construction work of Yangsan C General Industrial Site Development Project (hereinafter “instant construction work”) to a stock company B (hereinafter “B”) on the construction cost of 12 billion won.

B. On February 5, 2013, the Plaintiff entered into an oil supply contract with B to supply oil at the instant construction site.

The Plaintiff (D gas station) supplied fuel equivalent to KRW 22,165,406 to B from February 19, 2013 to March 8, 2013.

C. B discontinued the instant construction work around March 8, 2013.

From March 9, 2013 to March 31, 2013, the Plaintiff supplied oil equivalent to KRW 26,495,904, the amount of KRW 19,784,400 from April 1, 2013 to April 31, 2013, and the amount of KRW 27,748,367 from May 1, 2013 to May 31, 2013.

E. The Plaintiff sent to the Defendant an electronic tax invoice (i.e., the Plaintiff and the Defendant who received the Plaintiff and the Defendant) by e-mail.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Gap evidence 2-1 to 9, Gap evidence 3, 4, 5, Eul evidence 1, witness E, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that: (a) when the instant construction was suspended and completed at the site, B demanded the payment of oil price to B; (b) the Defendant responded to the demand that the Defendant be liable for the payment of oil price; and (c) the Defendant’s Managing Director F promised to pay the oil price supplied from February 2, 2013 to March 2013; (b) the Defendant’s Managing Director G promised to pay the oil price and continuously demanded the payment of oil amounting to KRW 96,194,07 in total; and (c) the Plaintiff supplied oil amounting to KRW 96,197 in total.

The defendant asserts that there was no transaction with the plaintiff, and that there was no fact that the plaintiff was involved in the transaction with the plaintiff, and that there was no fact that the defendant was responsible for the oil price in B, and that the plaintiff did not demand

B. The above findings of the judgment and Gap 3.

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