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1. The plaintiff's appeal and the plaintiff's claim against the defendants added as preliminary in the trial are all dismissed.
Reasons
1. Basic facts
A. Defendant B: (a) was the trade name “F” on January 15, 2014; (b) Defendant C was the trade name “H” on August 29, 2013; and (c) Defendant D was the trade name “J” on December 20, 2012; and (d) operated construction machinery rental business around that time.
B. On January 16, 2012, the company Leesan Co-Defendant Co., Ltd., Ltd., Ltd., Ltd. (hereinafter “Ensan Company”) was established for the purpose of construction waste collection and transportation business, etc., and operated dump trucks owned by the Defendants (hereinafter “the instant vehicle”) from the time when the Defendants registered each business as above.
C. During the operation of the instant vehicle, E provided oil in E operated by the Plaintiff and settled the price on a monthly basis, and the amount not paid out of the oil price supplied to the instant vehicle is as follows:
1) The period of dump trucks supplied to Defendant B: The oil price not settled from January 2014 to May 2014: the period of 27,351,240 won: the portion supplied to dump trucks owned by Defendant C: the oil price not settled from November 2013 to May 2014: the period of 71,593,487 won: the portion supplied to dump trucks owned by Defendant D (a) the period of which has not been settled: the oil price not settled from November 2013 to May 2014: the fact that 13,245,487 won was not the ground for recognition; the fact that Party A has no dispute with Party A (Articles 1 through 8, 10 through 12, and 18 of the Act; hereinafter the same shall apply).
- The purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. As seen earlier, the Plaintiff entered into an oil supply contract with the Defendants and supplied oil to the instant vehicle operated by a separated company. As such, the Plaintiff is obligated to pay the Plaintiff the oil price of KRW 27,351,240, Defendant B, Defendant C, Defendant C, and Defendant D, to pay the oil price of KRW 13,245,487 and damages for delay.