1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. Since from around 2007, the Plaintiff supplied oil to C Co., Ltd. (hereinafter “C”) in which the Defendant had been in office as the representative director, the Defendant guaranteed the payment of the oil price to C around 2009, and the Defendant is obligated to pay the said oil price to the Plaintiff and the delay damages therefrom.

B. Defendant C was supplied with oil from the Plaintiff and did not receive any oil from the Plaintiff.

However, B borrowed the Plaintiff’s name, and only issued a tax invoice on oil supply in the name of the Plaintiff.

B filed a lawsuit against the Defendant for the claim for the purchase of goods, and the conciliation was concluded in the litigation procedure, and the Defendant fulfilled all the obligations under the above conciliation protocol, so there is no obligation to pay the oil price to the Plaintiff.

2. Determination

A. The facts of recognition 1) C and the Defendant agree with B around 2009 that “C’s oil payment obligation of KRW 340,015,436 and KRW 370,015,436 in total shall be paid KRW 10 million each month from June 2009, and shall be adjusted in consultation with B and C” (hereinafter “instant agreement”).

(2) On September 28, 2009, B transferred to D the claim amounting to KRW 370,015,436, which was finalized by the instant agreement, of KRW 300,00,000,00 among the claim amount of KRW 370,015,436, and D reached an agreement between the Defendant and the Defendant on December 3, 2009 that “D shall receive KRW 50,000,000 from the Defendant and waive all of the remainder of the claim amount.”

3 around May 10, 2012, B filed a lawsuit against the Defendant with Busan District Court 2012Kahap8300, which sought full payment of KRW 370,015,436 of the claim under the instant agreement, and concluded a mediation between B and the Defendant on June 22, 2012 that “1. The Defendant shall pay KRW 30,000,000 to B by June 30, 2015.”

Accordingly, B shall be 30,000,000 won from the defendant.