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Reasons
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(영문) 창원지방법원 2015.06.03 2014나10797
물품대금
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1. Of the judgment of the first instance, the Defendant’s KRW 2,383,230 as well as the Plaintiff’s KRW 6% per annum from May 28, 2014 to June 3, 2015.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into an oil supply contract with the Defendant around 2003, and supplied oil to the Defendant from around that time to January 6, 2008, and the unpaid oil amount was KRW 4,638,230.

Afterward, the remainder of the Defendant’s repayment to the Plaintiff of KRW 1,00,000 on September 17, 2013, and KRW 500,00 on May 21, 2014 is KRW 3,138,230 ( KRW 4,638,230 - KRW 1,000,000 - 50,000).

Therefore, the defendant is obligated to pay to the plaintiff KRW 3,138,230 and damages for delay.

B. The Defendant alleged that the amount of oil unpaid on March 7, 2013 was KRW 4,638,230,000, and the Defendant paid KRW 800,000 to the Plaintiff on May 20, 2013, and the amount of oil unpaid at that time was KRW 3,838,230 ( KRW 4,638,230 - 800,000), and thereafter, the Defendant paid KRW 1,00,000 on September 17, 2013 and KRW 50,000 on May 21, 2014 to the Plaintiff is KRW 2,383,230 ( KRW 3,838,230 - KRW 1,000,500).

Therefore, the defendant does not have the obligation to pay to the plaintiff KRW 2,383,230 and damages for delay.

2. The fact that the Plaintiff, who had operated the board C gas station from around 2003 to January 6, 2008, supplied oil to the Defendant who had operated the D gas station, is not a dispute between the parties. According to the evidence No. 2, the Defendant reimburses the Plaintiff of KRW 3,838,230 until August 30, 2014, as stated in the evidence No. 2013, May 20, 2013.

'The fact that the statement has been prepared can be recognized.'

[Plaintiff’s assertion that the date on which each of the above statements was prepared was written on May 20, 2014, and each of them was written “as of May 20, 2013.” However, as of May 20, 2014 according to the Plaintiff’s assertion, the remainder of the oil price was KRW 3,638,230 ( KRW 4,638,230 - 1,000), and there is no other evidence to acknowledge it different from the above each of the above statements. Accordingly, the Plaintiff’s assertion is rejected. Accordingly, the amount of oil price unpaid as of May 20, 2013 is KRW 3,838,230 as alleged by the Defendant, and the Defendant thereafter is the Plaintiff on May 20, 2013.

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