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1. The Defendant shall pay to the Plaintiff KRW 20,118,370 and the interest rate of KRW 15% per annum from March 23, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in petroleum sales business, etc., and the Defendant: (a) carried a truck transport business with the trade name “B” from Nonparty C on November 7, 2014; and (b) carried a freight vehicle from Nonparty C on April 1, 2015 (hereinafter “each of the instant land vehicles”); and (c) caused C to operate the vehicle.
B. From October 1, 2015 to December 31, 2015, the Plaintiff supplied oil equivalent to KRW 20,118,370 to each of the instant branch vehicles.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The plaintiff's assertion 1) The plaintiff's act of purchasing oil necessary for the operation of each of the above vehicles from the plaintiff as a branch owner of the land in this case by Eul on behalf of the defendant, and the defendant is obligated to pay the above oil price to the plaintiff. 2) The defendant's argument that the defendant agreed with C to pay C all of the costs of the oil stand, etc. when entering into each of the land of this case with C, and the party who entered into the oil supply contract with the plaintiff is not the defendant. Thus, the defendant is not obligated to pay C the unpaid oil price to the plaintiff.
B. The judgment of the court below 1 is that a vehicle incorporated into a company belongs to the company with the ownership or the right to manage the vehicle externally, so even if a branch owner directly operates and manages the branch owner, the branch owner shall be deemed to act as an agent for the branch owner in the ordinary course of business in the operation and management by delegation of the operation management right concerning the branch owner. Since the branch owner's purchase of oil necessary for the operation of the branch owner's vehicle constitutes an act of ordinary course of business in the operation and management of the branch owner's vehicle, it is deemed that the branch owner's purchase of the fuel belongs to the ordinary course of business in the operation and management of the branch owner's vehicle. Thus, the party