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1. The Defendant separated company shall pay to the Plaintiff KRW 139,884,644 as well as its full payment from December 3, 2014.
Reasons
1. Determination as to the claim against the defendant separated company
A. As to the part of the claim as to the defendant Lee & Lee corporation in the annexed Form of the claim
B. Judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3).2. Determination of claims against Defendant B, C, and D
A. The Plaintiff’s assertion 1) The Plaintiff concluded an oil supply contract with Defendant B, C, and D, and supplied oil to Defendant B, C, and D vehicles operated by Defendant B, C, and D. As such, Defendant B is obligated to pay the Plaintiff the oil price of KRW 27,351,240 to the Plaintiff, Defendant C, and Defendant D, with KRW 13,245,487.
B) Even if the Plaintiff did not enter into an oil supply contract with the Defendants, Defendant B, C, and D agreed that Defendant B, C, and D leased the said vehicle owned by the Defendants to the Defendant separated enterprises and allowed Defendant B, C, and D to engage in oil transaction with the Plaintiff in their own name, and the Plaintiff supplied the said vehicle with oil to the Plaintiff. As such, Defendant B, C, and D, the nominal lender, was liable to pay the said oil price to the Plaintiff pursuant to Article 24 of the Commercial Act. (2) Defendant B, C, and D’s assertion that Defendant B, C, and D leased the said vehicle to the Defendant separated enterprises and received the profits from their operation, and Defendant B, C, and D did not bear any obligation to pay the oil price.
B. In light of the overall purport of the arguments as to the claim for oil prices under the oil supply contract, the judgment of the court below reveals that Defendant B, C, and D are entitled to share profits arising from the operation of the vehicle owned by them, and that they are allowed to operate the vehicle by Defendant A, including the above vehicle, and the Plaintiff is the Defendant A, A, including the above vehicle.