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(영문) 의정부지방법원 2018.02.01 2017나201621
유류대금 청구의소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The plaintiff is a company with the purpose of wholesale and retail business, and the defendant is a company with the purpose of installing credit card terminals and gas station business.

On April 22, 2016, the Defendant leased the building of the gas station E on the ground of Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, and began to operate the gas station (hereinafter “instant gas station”) with the trade name “F gas station” from the building around that time.

From May 20, 2016, the Plaintiff began to supply petroleum, such as gasoline and diesel, to the gas station in this case. The method of the transaction is that the Defendant’s request for the supply of oil to the Plaintiff’s oil with the Defendant’s oil with He, the Plaintiff, who received the said request from I, supplied the oil to the gas station in this case, and the Defendant transfers the price to the Plaintiff after the mold.

The amount of oil not paid by the Plaintiff to the gas station in this case is KRW 30,000,00 liter price of light oil supplied on September 3, 2016, KRW 30,5250,000, KRW 28,000 liter price of gasoline supplied on September 6, 2016, KRW 30,000 liter price of light oil supplied on September 7, 2016, KRW 30,000 liter price of KRW 11,0410,000,000.

【Ground of recognition】 The Plaintiff provided oil to the instant gas station operated by the Defendant from May 20, 2016 to September 7, 2016, and the fact that the amount of unpaid oil was 110,041 million won in total.

Therefore, barring special circumstances, the defendant is obligated to pay 100 million won of the unpaid oil price and damages for delay to the plaintiff.

The Defendant concluded a business transfer agreement with the J on August 18, 2016 with respect to the gas station of this case, and transferred all of its business to J as of August 31, 2016, and on September 2, 2016, the Defendant did not pay the Plaintiff, until August 31, 2016.

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