1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff was engaged in retail business of gas stations in Ulsan-gu, Ulsan-gu, with the trade name “D gas stations”, and the Defendant engaged in construction machinery rental business with the trade name “F” in Ulsan-gun E.

B. The Defendant entered into a contract of carriage with Taeyang Co., Ltd., and, in relation to the payment of transportation expenses, Taeyang Co., Ltd. directly paid the amount of oil supplied by the Defendant from the Plaintiff to the Plaintiff, and paid the remainder of transportation expenses deducted therefrom to the Defendant.

C. The Plaintiff supplied oil to the vehicles owned by the Defendant by April 30, 2014, and issued a tax invoice in the name of the Defendant.

The oil price that the Plaintiff was not supplied to the above Defendant-owned vehicle is equivalent to KRW 19,148,977.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff is the defendant, who entered into an oil supply contract with the plaintiff, and the defendant is the defendant, and the defendant asserts that the party to the oil supply contract is Taeyang Co., Ltd., who is not the defendant, cannot respond to the plaintiff's claim.

3. The above facts and the following circumstances revealed through each evidence, i.e., (i) the Plaintiff supplied oil to the Defendant-owned vehicles, (ii) a tax invoice issued in the name of the Defendant, and (ii) an agreement between the Defendant and Taeyang-C Co., Ltd. to pay the oil price supplied by the Defendant to the Plaintiff in connection with the transport contract, and (iii) the Plaintiff appears to have received some of the oil price from Taeyang-C Co., Ltd., which was the result of the implementation of the agreement on the method of payment of transport expenses between the Defendant and Taeyang-C Co., Ltd., but solely on such circumstance, the Plaintiff and Tae-C Co., Ltd. supply contract on the oil price.