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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. In full view of the respective descriptions and arguments of Gap evidence Nos. 1, 2 and Eul evidence Nos. 4 (including paper numbers; hereinafter the same shall apply) as to the cause of the claim, it is recognized that the plaintiff operating a gas station supplied the defendant who runs the automobile transport business with oil equivalent to KRW 27 million for the year 2010.
Therefore, barring special circumstances, the defendant is obligated to pay the above twenty-seven million won and delay damages to the plaintiff.
2. The defendant's defense asserts that there is no unpaid payment since the defendant paid the price in cash whenever he is supplied with oil at the plaintiff's gas station.
In full view of the evidence evidence Nos. 5, 18, and 5, witness C and D of the first instance trial, the following circumstances are recognized.
① Upon receipt of oil supplied at the Plaintiff’s gas station, C/D, an employee of the Defendant, testified that he paid the price in cash to G who is an employee of the Plaintiff, and G had concealed the final domicile on December 14, 2010.
② According to the Plaintiff’s assertion, the Defendant’s credit payment against the Defendant continued to be provided with oil.
However, from June 2010, the supply of oil has already been made up of about 20 million won in the situation where the amount of oil has already been made up of about 20 million won without arranging it.
On the other hand, the defendant submitted materials proving that he paid the price for oil supplied in other gas stations around 2010.
(No. 5). (3) There is no evidence to prove that the Plaintiff requested the Defendant to pay the oil price for about two years and eight months from August 2013, 2013, after G’s reduction of the paper of this case.
④ The Plaintiff did not submit a credit account book for the above oil price.
(A) Nos. 11 and 15 are about Hyundai High-Speed Tourist Tour Co., Ltd.). In full view of the above circumstances, the Defendant’s compensation for the oil against the Plaintiff is alleged by the Defendant.