1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. The Plaintiff is a company that engages in oil sales business under the trade name “D gas station” in Busan Seo-gu, and the Defendant is a company that mainly focuses on cargo transportation business in general areas.

B. On November 3, 2011, B entered into a transportation business consignment management contract (hereinafter “instant land entry contract”) with the Defendant on the E-25 tons of car trucks (hereinafter “instant truck”), and on November 10, 201, B entered into a transportation business consignment management contract (hereinafter “instant land entry contract”). On November 10, 201, B registered the transfer of the ownership of the instant truck under the name of the Defendant.

C. B, from December 4, 2013 to February 25, 2014, at the D gas station, injected the instant truck with a total of 10,407,000 won, in total, up to 19 times. In such a case, B paid the freight subsidies by the new card company (credit number F).

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1-1-19, Eul evidence 1-4, fact-finding with respect to the new card corporation of the court of first instance, the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion B paid the amount of KRW 10,407,00 as well as damages for delay by inserting oil provided by the Plaintiff to the instant truck owned by the Defendant, and thus, the Defendant is jointly and severally liable with the Plaintiff, as well as B.

B. According to the Defendant’s assertion, as the land owner B, who is a land owner under the instant land entry agreement, bears the oil cost for the instant truck, the Plaintiff’s claim cannot be complied with.

3. Determination

A. Generally, a vehicle incorporated into a company is subject to an external ownership or a right to manage the vehicle, and thus, even if the land owner directly operates or manages the vehicle, the land owner is merely entitled to manage the vehicle by delegation from the company to act as an agent in the ordinary operations management. However, the land owner is an oil supply transaction which falls under the ordinary operations.