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(영문) 대구지방법원 2015.09.10 2014가합639
유류대금
Text

1. The Plaintiff:

A. Defendant C and D jointly share KRW 219,596,446 and their related thereto from November 28, 2012 to January 24, 2014.

Reasons

1. Basic facts

A. On August 31, 2009, the Plaintiff entered into a consignment service contract with E Co., Ltd. to operate “G gas station” located in Daegu Suwon-gu F under the Plaintiff’s responsibility and operates the said gas station.

B. Defendant C operated the “I gas station” located in Daegu Dong-gu, Daegu, and around August 201, the Plaintiff received a request from Defendant D who introduced himself as “I gas station” to supply the oil to “I gas station” and supplied the oil to “I gas station” from around that time until November 27, 2012.

(hereinafter “instant primary oil transaction”). As of November 27, 2012, the date of the transaction, the Plaintiff was not paid by “IS” is KRW 219,596,446.

C. Around November 10, 2012, Defendant D recognized that he and Defendant C bears approximately KRW 220 million for the Plaintiff’s obligation to pay oil to the Plaintiff and drafted a repayment plan with Defendant C.

In November 2012, Defendant C discontinued the “I gas station” and Defendant B Co., Ltd (hereinafter “Defendant B”) operated the gas station with the trade name “J gas station” at the same place.

Even after Defendant B commenced the operation of the “J gas station”, Defendant D continued to supply the oil to the Plaintiff as the complaint of the “J gas station”, and the Plaintiff supplied the oil to the “J gas station” by June 27, 2013.

(hereinafter “instant secondary oil transaction”). As of June 27, 2013, the date of the transaction, the Plaintiff was not paid by “J gas station” is KRW 162,579,543.

E. On August 20, 2013, Defendant D recognized that the Plaintiff’s obligation to pay the oil price to the Plaintiff amount to KRW 370 million, and prepared a written confirmation to the effect that the Plaintiff is fully responsible for the obligation and the said obligation is repaid. The next date, on August 21, 2013, the unpaid oil price was 382,175.

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