1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion supplied oil equivalent to KRW 9,304,104,00 for the defendant's birth C at the defendant's request. Since the defendant agreed to the plaintiff that he would be responsible for the above oil supply, the defendant is obligated to pay the above KRW 9,304,104 and delay damages.

2. The Plaintiff, who operates a gas station, supplied oil equivalent to KRW 9,304,104,00 from July 4, 2012 to August 6, 2012 upon the Defendant’s introduction, to the construction site operated by the Defendant’s Dong C from around July 4, 2012 to around August 6, 2012, the Plaintiff sent a written claim for oil payment to the Defendant as the Plaintiff did not receive the said oil payment, and the Defendant promised to accept the oil payment from C, and the Plaintiff is liable for the oil payment. The Plaintiff’s assertion is without merit, even though there is no dispute between the parties, or there is no evidence to prove that the Defendant agreed to pay the said oil directly to the Plaintiff as alleged by the witness D of the first instance trial.

On the other hand, the plaintiff himself / herself believe that he / she / she supplied oil without viewing C, and the defendant also knew of such circumstances, so it shall be deemed that there was an implied agreement between the plaintiff and the defendant to bear the defendant's liability for the above oil payment. However, as alleged above, it is insufficient to deem that there was an implied agreement between the plaintiff and the defendant to bear the defendant's responsibility for the payment of oil payment, and there is no evidence to prove otherwise, this part of the plaintiff's assertion cannot be accepted.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be delivered with this conclusion.