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(영문) 수원지방법원 2015.11.27 2015나5313
유류대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Since the Plaintiff supplied oil equivalent to KRW 5,95,410 to the Defendant-owned vehicle at the 2nd gas station, which is the Plaintiff’s branch from June 2012 to July 2012, the Plaintiff asserted that the Defendant is liable to pay the Plaintiff the above oil price of KRW 5,995,410 and the delay compensation therefor. Accordingly, the Defendant asserted that the other party who entered into a oil supply contract with the Plaintiff (hereinafter “B”) was not the Defendant, and that the Defendant did not have the obligation to pay the said oil price to the Plaintiff.

Comprehensively taking account of the overall purport of the arguments in the statement No. 1-1 and No. 2, the Plaintiff supplied oil to the Defendant-owned vehicles from June 2012 to July 2012, 2012, the Plaintiff is deemed to have issued an electronic tax invoice which is 5,273,132 in total of the supply value and tax amount on June 30, 2012, and the supply value and tax amount on July 31, 2012, which are 72,278 in total, respectively. Meanwhile, the Plaintiff was deemed to have received the payment from the Defendant for the supply of the oil from the Plaintiff to the Defendant, and the Plaintiff was to receive the payment for the supply of the oil from the Plaintiff to the Plaintiff under the contract for supply of the oil from the Plaintiff to the Plaintiff. In other words, the Plaintiff was to receive the payment for the supply of the oil from the Plaintiff to the Plaintiff under the contract for supply of the oil from the Plaintiff.

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