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1. The Defendant shall pay 48,839,550 won to the Plaintiff and 20% per annum from August 5, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On October 209, the Plaintiff supplied oil equivalent to KRW 93,839,550 from that time to December 27, 2009 upon receiving a request from the Defendant’s inside director C to supply oil to the vehicles at the Gangnam-gu D Construction Site (hereinafter “D site”).
(hereinafter “instant oil supply contract”). B.
The Plaintiff continued to urge C to settle the amount of KRW 5,00,000,000 on October 30, 2009, out of the amount of oil paid in D on the spot.
C. In early 201, the Plaintiff began to supply oil to the vehicles of the construction site in the Gangnam-gu, Dong-gu, Seoul Special Metropolitan City E (hereinafter “E site”).
The Defendant deposited KRW 15,00,000,000 in the Plaintiff’s account on February 1, 201, and KRW 15,000,000 on February 17, 201, and KRW 15,000,00 on February 25, 201.
E. On February 26, 2011, C prepared a letter of payment with the amount of KRW 48,839,550 in relation to the oil price at D site, and the due date for payment as of March 30, 2011 (hereinafter “each of the instant notes”). Of the party indications at the upper group, C entered “F” in the name column (the Defendant’s representative director at that time). The Defendant’s business registration number column and the address and telephone number column were stated in the Defendant’s business registration number column, and the Defendant’s employee identification number at the time of the commitment was sealed, respectively.
On the other hand, at the bottom of each of the instant notes, there was a separate column for joint and several sureties, and C signed after stating his name, address, resident registration number, etc.
[Ground of recognition] Facts without dispute, Gap 4-9 evidence, witness G's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s party to the instant oil supply contract is the Defendant. The Defendant paid only KRW 45,00,000 out of the above oil price and did not pay the remainder of KRW 48,839,550.