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1. The Plaintiff:
A. Defendant B’s KRW 134,141,00 and for this, 5% per annum from May 9, 2015 to December 11, 2015.
Reasons
1. The following facts may be acknowledged by integrating the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 3.
The plaintiff is a corporation that engages in wholesale and retail business of petroleum, and the defendant B is a person who has operated a gas station in Seo-gu Incheon Metropolitan City D, and the defendant C is a person who operates a gas station in leisure water.
B. From June 2014, the Plaintiff supplied petroleum to E station from around June 1, 2014, and urged payment of outstanding amount due to the occurrence of the outstanding amount. On December 12, 2014, Defendant B submitted a memorandum of performance to the Plaintiff by March 31, 2015, and Defendant C jointly and severally guaranteed the above obligation of Defendant B (hereinafter referred to as “first letter”).
(2) Upon receipt of the first written statement, the Plaintiff supplied petroleum to the ES station again, but around April 2015, the outstanding amount exceeded KRW 100 million, and the Plaintiff demanded the payment of the oil amount. On April 28, 2015, Defendant B submitted to the Plaintiff a letter of commitment to pay KRW 117,931,000 to the Plaintiff by May 31, 2015, and Defendant C signed and sealed the debtor’s column for the performance of the obligation.
(hereinafter referred to as "second letter"). (c)
The Plaintiff’s additional oil supply Plaintiff supplied approximately KRW 16,210,000 of gasoline to E station around May 1, 2015, but failed to receive the payment.
2. The Plaintiff’s assertion that the Defendants agreed to jointly operate an oil station and pay the unpaid oil price of KRW 134,141,00,00, to the Plaintiff. Thus, the Defendants jointly and severally are liable to pay the Plaintiff the oil price of KRW 134,141,00 and the delay damages from May 9, 2015.
3. As to the Plaintiff’s claim as to Defendant B’s claim, the Defendant B asserted as above as the cause of the claim in this case, Articles 208(3)2 and 150 of the Civil Procedure Act.