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(영문) 수원지방법원평택지원 2014.08.13 2014가합1692
채무승계금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2-1, Eul evidence 2-3, Gap evidence 4, Gap evidence 5, Eul evidence 3-1 to 3, Eul evidence 4-1 to 4-3, Eul evidence 5, and Eul evidence 5.

The Plaintiff, while running the transportation business with the trade name “D” in Ansan-si, was supplied with oil from G that operated the F station located E in Ansan-si E (hereinafter “instant gas station”) from 2011, and paid approximately KRW 250,000,000 corresponding to the annual amount of oil supply to G from December 2, 2012 to January 2013.

(hereinafter “Advanced payment”). B.

The Defendant, from April 1, 2013 to G, received the instant gas station from G and operated the gas station from G from the Plaintiff, and the Plaintiff was obligated to return the instant advance payment to the Plaintiff by using the instant advance payment to its own futures trading without the Plaintiff’s consent. He succeeded to the Plaintiff and agreed to pay the Plaintiff KRW 5,00,000 per month (hereinafter “instant agreement”). On May 1, 2013, the Plaintiff’s “Statement of April 1, 2013” (Evidence 1) at the lower part of the “Statement of April 2013, 2013” (Evidence 1) with the Plaintiff, the Defendant stated that “The Plaintiff did not deposit the Plaintiff on the 1st day of each month, the balance, and the remaining oil” as “No inventory.”

C. Until July 8, 2013, the Plaintiff unilaterally suspended the transaction with the Defendant while being supplied with oil by the Defendant, and the Plaintiff’s unpaid oil payment is KRW 14,79,937.

The Defendant, in accordance with the instant agreement, on May 8, 2013, to the Plaintiff and the Plaintiff.

6.8. Each 5,000,000 won was paid.

2. Summary of the parties’ assertion

A. The plaintiff succeeded to the obligation to return the advance payment of G and the plaintiff 5,000 monthly.

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