1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. On October 1, 2010, the Plaintiff, who is engaged in oil trade in the name of "D gas station" in Gyeong-gun I in Gyeongnam-gun, entered into a contract with Defendant B (the trade name before the change: E; hereinafter the “Defendant Company”) to purchase oil outside the oil (hereinafter the “instant contract”), and Defendant C jointly and severally guaranteed the Defendant Company’s oil payment obligation under the said contract.

B. From May 1, 2013, the Defendant Company carried out a small president system to the Plaintiff on the day of May 1, 2013, and requested F to provide fuel supply pursuant to the instant contract to G operated by F. However, the price was paid by the Defendant Company to the Plaintiff (hereinafter “instant official document”), and the Plaintiff supplied oil to F from May 1, 2013.

C. F discontinued G around July 2014 on the ground of excessive debts, etc., and established H (hereinafter “H”). The Plaintiff supplied the oil to H on credit.

The Plaintiff supplied H with oil equivalent to KRW 5,949,88 in August 2015, KRW 6,097,274 in total, KRW 7,620,152 in June of the same year, KRW 8,050,773 in July of the same year, KRW 5,949,88 in August of the same year, and KRW 27,718,087 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1 to 4, Eul evidence 5-1, F's testimony and the purport of whole pleadings

2. Determination

A. Determination as to the cause of the claim 1 as to the scope of the president of the No. 4-1, 2, 7-1 and 2 of the above basic facts, Gap evidence No. 4-2, and Gap evidence No. 7-2, the witness F of the first instance trial, and witness J of the trial, the following circumstances are acknowledged in full view of the purport of the entire pleadings.

① According to Article 3 of the Agreement on the Contract for the Manufacture and Processing, which was concluded between the Defendant Company and H on July 1, 2014, the purchase price for other transaction partners related to the manufacture and processing was determined to be paid by the Defendant Company to the transaction partner collectively, and the content of the contract is determined by the Defendant Company.