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(영문) 부산지방법원 2018.09.20 2018가단300957
물품대금
Text

1. The Plaintiff; Defendant (Appointed Party) KRW 81,085,657; Defendant B (Appointed Party) KRW 55,972,976 and each of them on December 14, 2017.

Reasons

1. Occurrence of an obligation to pay the oil price;

A. Facts of recognition 1) The Plaintiff is the Defendant (Appointed Party, hereinafter “Defendant”) only.

(1) On September 10, 2017, the Plaintiff supplied oil equivalent to KRW 18,225,640 (including surtax) to a vessel at the site of the oil equivalent to KRW 81,085,657 (including surtax) on the sea of Busan on September 10, 2017, on the spot of which the oil equivalent to KRW 5,446,47 (including surtax) was supplied to a vessel on October 10, 201, via C (Towing) with the oil equivalent to KRW 18,225,640 (including surtax) on the spot of which the oil was supplied to a vessel on the spot of November 10, 2017, on the spot of which the oil equivalent to KRW 11,46,318 (including surtax) was supplied to a vessel on the spot of a vessel on April 8, 2017 to December 12, 2017, on the site of which the Plaintiff supplied the oil equivalent to KRW 45,29675,297

(1) Oil equivalent to KRW 11,953,529 (including surtax) at the sea of Busan on September 8, 2017, shall be supplied to a ship at the site of oil in the amount of KRW 21,641,053 (including surtax) via C (Towing) on October 10, 2017 on the site of oil supplied to a ship at the site of oil equivalent to KRW 21,641,053 (including surtax) at the site of oil supplied to a ship on November 10, 2017. The oil supplied to a ship at the site of KRW 22,378,394 (including surtax) through C (Towing) on November 10, 2017 shall be supplied to a ship at the site of oil paid to a ship at the site of 11,953,529 (including surtax taxes) and the purport of the entire pleadings at the center of Busan District Tax Office of this court

B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the oil price of KRW 81,085,657, and the Selection B the oil price of KRW 55,972,976, and damages for delay calculated at the rate of 15% per annum from December 14, 2017 to the day of full payment, which is the day following the delivery of the original copy of the payment order sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. As to the assertion that the designated party B is not the debtor, the defendant is all the defendant's obligations, and the designated party B has no obligation, and the defendant is merely the defendant.

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