(영문) 광주지방법원 2017.09.29 2016나7360 | 리걸엔진

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(영문) 광주지방법원 2017.09.29 2016나7360

매매대금

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1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.

2. The change in exchange for another court.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 7 as to the claims filed by the Plaintiff, the Plaintiff supplied the Defendant with an amount equivalent to KRW 7,655,720, which was not paid, from August 27, 2015 to September 25, 2015.

As to this, the defendant supplied to the plaintiff from April 12, 2014 to August 20, 2015, and paid by the defendant among the oil prices paid by the defendant, the amount of KRW 2,309,710 shall be returned to the plaintiff. ② The amount of oil prices from August 27, 2015 to September 25, 2015 claimed by the plaintiff includes KRW 391,800 for the fuel prices from August 27, 2015 to September 25, 2015, since the amount of KRW 7,655,720 is included in the amount of oil prices limited to the owner of the Gamian vehicle, the plaintiff's claim for the oil price of this part is groundless. However, it is difficult to acknowledge that the plaintiff's claim for oil on the Gamian vehicle that is not related to the defendant is supplied to the defendant, and there is no other evidence to acknowledge that the defendant's claim was not reasonable.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,655,720, and damages for delay calculated at the rate of 15% per annum from December 25, 2015 to the date of full payment after the service of the original copy of the instant payment order.

2. The Defendant asserts that a limited liability company C occupies and uses two (D, E) construction machinery owned by the Defendant from October 2015 to December 2016, 2016, and the Plaintiff neglected his/her duty of supervision as a manager representing a limited liability company C, thereby causing damage to the Defendant due to the performance of his/her duty, and thus, the Defendant is jointly and severally liable with the limited liability company C to compensate the Defendant for the amount of KRW 90,00,000, which is equivalent to the rent of construction machinery, pursuant to Article 287-20 of the Commercial Act.

Doctrine, Eul evidence Nos. 1, 2, 4, 5.

참조조문

-상법 제287조의20

-소송촉진 등에 관한 특례법

유사 판례

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-광주지방법원 2015.07.03 2014나12108

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