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The Plaintiff (Counterclaim Defendant) shall pay 1,030,787 won to the Defendant (Counterclaim Plaintiff) and its related amount from June 18, 2019 to September 16, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The plaintiff is a corporation that operates a gas station at his domicile, and the defendant is a corporation that operates a gas station at his domicile.
[Ground for Recognition: Facts without dispute, A1, 2] 2. Summary of the parties' claims
A. From July 31, 2018 to November 28, 2018, the Plaintiff leased KRW 93,314,000 to the Defendant.
In addition, an amount equivalent to KRW 947,678,214 (i.e., the total claim amount of KRW 948,646,214 at the time of filing a lawsuit - the claim amount of KRW 948,646,214, which was confirmed to have been claimed duplicate, should be paid from the Defendant from July 28, 2018 to February 1, 2019 (i.e., the claim amount of KRW 968,000).
However, from August 3, 2018 to February 1, 2019, the Defendant received reimbursement of KRW 1,023,114,00 from the Defendant.
The unpaid KRW 17,878,214 (i.e., KRW 93,314,00, KRW 947,678,214 - 1,023,114,00) and damages for delay shall be claimed.
B. On July 28, 2018, the Plaintiff and the Defendant operated a D gas station under the name of the Defendant, but the Plaintiff bears the rent, employee’s benefits, and maintenance expenses for the gas station. The Plaintiff, after being supplied with the oil under the name of the Defendant and sold the oil under the name of the Defendant, concluded an entrustment contract with the Defendant to pay the Defendant the remainder of the money appropriated from the above profits, after appropriating it from the above profits. The Plaintiff operated the D gas station under the said contract from July 28, 2018 to February 1, 2019, and the said contract was terminated on February 1, 2019 without the Defendant’s request for settlement. The amount claimed by the Plaintiff to be leased to the Defendant is either KRW 22 per liter of the proceeds (sale price - purchase price) of the oil sold after the Plaintiff sold the oil under the name of the Defendant, or KRW 93,3140,00,00 of the money deposited in the account of the Defendant.
3) Banbling on claim for light oil price: The Plaintiff’s profit (in addition to KRW 22 won per liter) while supplying oil.