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(영문) 대구지방법원 2016.10.27 2016가합201986
유류대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into an entrustment service contract with the Plaintiff to operate the “D gas station” located in Daegu Suwon-gu C under the responsibility of the Plaintiff and operates the said gas station.

B. From August 201 to November 27, 2012, the Plaintiff supplied oil to the “Friju station” located in Daegu Dong-gu, Daegu.

C. “Friju station” was registered and operated as a representative for business registration during the period of the above oil supply. On June 15, 2012, the trade name was changed and operated as a defendant without changing the trade name, and thereafter reported the closure of business on November 30, 2012.

On November 10, 2012, the time of the closure of the gas station, H drafted a reimbursement plan to pay the Plaintiff KRW 220,000,000 for the unpaid oil payment up to the time (hereinafter “instant reimbursement plan”), and at the end, affixed his signature and seal on the G on the F gas station and the Defendant’s name and seal on each business registration name.

[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 3-1 to 71, Eul evidence 2 and 4, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) 220,000,000 won for oil payments not paid by the Plaintiff to the F station from August 2, 2011 to November 27, 2012.

Since the defendant, around June 15, 2012, operated the above gas station by taking over the F gas station from G from G and operating the above gas station, it is liable to repay the oil price already generated prior to taking over, as a transferee of business under Article 42(1) of the Commercial Act, and as a transaction party who actually received oil from the plaintiff for the oil price after taking over, it is liable to pay the oil.

Therefore, the above oil price is 220,000,000 won.

(2) As the Plaintiff urged the payment of the unpaid oil price on November 2012, H of the Fju station to demand the payment of the unpaid oil price, on November 10, 2012, 220,000.

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