1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a ship fuel oil supplier, which has a main office in Russtroke, and the Defendant is a registered owner of a ship listed in the attached ship list (hereinafter “instant ship”), and the Defendant is a company that brokers the supply of ship fuel oil between the Plaintiff and the ship management company, a ship management company, and a ship management company, a ship management company (hereinafter “ship management company”).

B. On October 12, 2013, the Plaintiff entered into a contract with extreme limited liability company to supply fuel oil to the instant vessel (hereinafter “instant supply contract”). Accordingly, the extreme limited liability company, upon receiving a request for oil supply from a ship management company, arranged the Plaintiff to contact with the Plaintiff so that oil can be supplied. The ship management company first remitted the ship to the account of extreme limited liability company upon completion of the oil supply procedure for the ship, and then, the extreme limited liability company again remitted the oil payment to the Plaintiff.

C. On October 30, 2014, the extreme limited liability company sent a written claim to the Plaintiff, and requested the supply of fuel oil IFO-10 290mt and MGO 30mt (the total supply price: USD 137,610; hereinafter “instant fuel oil”). On November 4, 2014, the Plaintiff completed the oil supply around 07:00 on November 5, 2014 at the request of the extreme limited liability company (Nakhokka), which began to pay the instant fuel oil to the instant vessel, and completed the oil supply around 07:00 on November 5, 2014.

On November 5, 2014, the extreme limited liability company commenced a company reorganization procedure and becomes bankrupt. On December 26, 2014, the Plaintiff confirmed the obligation and obligation of the instant fuel oil from the extreme limited liability company at the request of a temporary liquidator of the extreme limited liability company on December 26, 2014, along with a written application, a certificate of oil delivery, a certificate of obligation confirmation, etc.