1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From November 2016 to June 2018, the Plaintiff supplied the oil to the operator of the gas station (hereinafter “C”) which is “C: the address of the gas station: C and the address of the place of business: Incheon City D” (hereinafter “C”).

Oil payments that the Plaintiff did not receive from the above operator are KRW 111,00,000.

B. In relation to C, on October 21, 2016, a lease agreement was concluded with the Defendant, setting the C building as “50,000,000,000 won for lease deposit, and KRW 3,500,000 for rent,” and the business registration was completed on October 31, 2016, and the C’s business license was transferred to F on June 27, 2018.

C. G is the husband of the Defendant, who worked as a regular manager of the Plaintiff’s business, and died on June 20, 2018.

On September 11, 2018, the Defendant reported the waiver of G’s inheritance on September 11, 2018, and the court rendered a judgment on October 30, 2018 that the said waiver of inheritance was accepted.

Seoul Family Court 2018 Mada53120) / [Grounds for recognition] 1, 2, 3, 4, 7, and 8 of Gap, Eul evidence 1 (including each number number; hereinafter the same shall apply), witness H's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 is the actual operator of C, and the Defendant is obligated to pay KRW 111,00,000 to the Plaintiff the unpaid oil amount. 2) Even if the Defendant is not the actual operator of C, the Defendant is obligated to pay KRW 111,00,000 to the Plaintiff as the nominal operator pursuant to Article 24 of the Commercial Act.

3 The Defendant, along with G, caused damage to the Plaintiff by allowing H with no means to operate C and reducing the deposit for the lease of the building C to prevent the Plaintiff from collecting the deposit.

Since the above act of the defendant constitutes a tort, the defendant is obligated to pay 111,000,000 won equivalent to the amount of oil payment due to the tort to the plaintiff.

(b).