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(영문) 창원지방법원통영지원 2016.02.19 2015가단24163
유류대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2010, the Plaintiff operating a D Co., Ltd. (former Trade Name: E (hereinafter “Defendant Co., Ltd.”) is limited to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

[) The non-oil purchase agreement (hereinafter “instant agreement”) was concluded with the Defendant C, and the Defendant C jointly and severally guaranteed the above oil payment obligation under the instant agreement.

B. The Plaintiff supplied oil to the Defendant Company in accordance with the instant contract, and the Defendant Company sent an official door on May 1, 2013, and thereafter, the Plaintiff supplied oil to F (G).

C. Around July 2014, F converted G into a corporation and established H (hereinafter “H”) on the grounds of excessive debts, etc., and the Plaintiff supplied the oil to H on credit.

After cancelling a subcontract with H on September 1, 2015, the Defendant Company directly supplied oil from the Plaintiff and paid the price.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1, 2, and 3, and the ground for appeal

2. The plaintiff's assertion

A. From May 2015 to August 2015, the Plaintiff supplied H with oil equivalent to KRW 27,718,087.

B. The obligation to pay oil price under the instant contract is against the Defendant Company, and the Defendant C jointly and severally guaranteed this obligation, and thereafter, the obligation to pay the portion of oil supply to G and H upon the Defendant Company’s request is also the same as that under the instant contract. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the amount of oil supply equivalent to the above

3. According to the above evidence and the evidence presented by the Plaintiff, F was an employee of the Defendant Company, and was actually operated at the time of establishment of H, and thereafter, the Defendant Company was working again in the Defendant Company. The Defendant Company’s purchase price of other business partner goods on the last day of the following month.

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