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(영문) 서울남부지방법원 2013.08.23 2012가합13614
물품대금
Text

1. Defendant B’s KRW 191,560 as well as the Plaintiff’s annual rate of KRW 6% from July 31, 2012 to August 23, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity with the purpose of the Plaintiff’s business of filling liquid petroleum gas, and Defendant LA was operating the “lux gas filling station” in Defendant LA, Defendant B was operating the “lux gas filling station,” and Defendant B was operating the “C” respectively.

B. Meanwhile, even in March 2012, D served as the Director of the Management Office in C, which he operated by Defendant B, and Defendant L was engaged in gas supply transactions with the Plaintiff through D, and Defendant B also traded gas with the Plaintiff through D, even after his withdrawal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, purport of whole pleadings

2. Determination as to the cause of action

A. As to the Plaintiff’s claim against Defendant LA, the Plaintiff asserted that Defendant LA had engaged in gas supply transactions from February 18, 201 to February 11, 201. However, through D from June 1, 2012 to June 11, 2012, the Plaintiff supplied Defendant LA with gas equivalent to KRW 336,556,350. However, Defendant LA deducted the Plaintiff from the unpaid amount of KRW 52,941,280, and paid only KRW 236,058,720 from June 1, 2012 to June 28, 2012, the Plaintiff did not have any other obligation to provide the Plaintiff with evidence to acknowledge the remainder of KRW 10,497,630,360,365,375,371,375,375,371.

Rather, comprehensively taking into account the following facts or circumstances acknowledged as follows: ① gas actually supplied by Defendant LA from the Plaintiff is equivalent to KRW 125,612,520 g, May 1, 2012 to KRW 69,630 g (i.e., KRW 1,804 x 69,630 g) and is equivalent to KRW 113,548,50 g, June 6, 2012 (i.e., KRW 1,755 x KRW 64,70 g x 64,70 g). ② Subsequent to Defendant LA, the sum of the gas actually supplied by Defendant LA from June 1, 2012 to June 28, 2012 is equivalent to KRW 289,00,000.

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