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(영문) 대전지방법원 2020.10.13 2019나115882
물품대금
Text

The plaintiff's claim that the court changed in exchange is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a gas station in Daejeon Seo-gu Daejeon District Court D with the trade name of “Cre station.”

The defendant lends the name to E and thereby allow E to make a business registration under the name of F in the name of the defendant and make a construction machinery contract business.

B. A gas station is actually in charge of the operation of G, which is the Plaintiff’s husband, and G, upon the request of E known to G, E supplied oil to the head of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam, which is entrusted by the H of the dispute resolution committee, on credit.

C. E was engaged in aggregate extraction by using one of the mid-sized equipment logs in his own possession and three of other people owned by another person, the name of which was leased from the above I. D.

On July 31, 2017, the Plaintiff issued a tax invoice of KRW 7,422,807 to the person who is supplied with the Defendant for oil supplied to the I-bebee.

E. On July 31, 2017, E decided to issue a tax invoice of KRW 10 million for a total of KRW 5 million, which was issued in advance by the Plaintiff’s husband G and the Plaintiff’s husband H with oil payment, to the Plaintiff or to issue a tax invoice of KRW 10 million to the Plaintiff or to the Defendant who was supplied with the Defendant after consultation with the Defendant. Around July 31, 2017, E signed a trade list by indicating himself as the Defendant’s agent.

B E F

F. E is the Plaintiff on September 30, 2017.

See the signature of the port, 14,199,49 won of the credit oil payment up to the time, up to October 30, 2017, was drawn up with the following descriptions:

FB E

G. On November 10, 2017, the Defendant issued a credit card under his own name for E, and E settled an oil price of KRW 3 million with the credit card.

[Ground of recognition] The entry of evidence Nos. 1 through 6, the witness J of the first instance trial, the testimony of E, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that he/she wishes to pay oil to E and requests E to supply oil.

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