Seoul High Court 2009Nu26465 (29 April 29, 2010)

Seoul Administrative Court 2008Guhap47272 (Law No. 29, 2009)

Whether it constitutes a trade party in good faith related to the purchase of oil

Considering that it is difficult to readily conclude that the Plaintiff Company was aware of the fact that the actual supplier of oil was not a non-party branch solely because the transaction between the Plaintiff Company and the non-party branch was not entered in the shipment slip, it is reasonable to deem that the Plaintiff Company fulfilled its duty of care as a good manager as to who the actual supplier

The contents of the decision shall be the same as attached.

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition