Where the owner of a vehicle is liable to the owner of the vehicle for the fuel proceeds of the vehicle;

In general, a vehicle into a company is subject to an external ownership or a right to manage the vehicle, and even if a branch owner directly operates or manages it, the branch owner is merely acting for the branch owner owner owner owner in the ordinary operations and management by delegation of a right to manage the vehicle for the branch owner. However, in conducting oil supply transaction belonging to the ordinary operations, the branch owner shall bear the amount of the oil in special circumstances where it is deemed that there is no intention on behalf of the branch owner owner owner to act for the other owner owner owner in the course of the transaction with the company and that there is no intention on behalf of the other owner owner owner in the transaction with the other owner owner, and that there is no intention on behalf of the other owner owner owner in the transaction with the company.

Article 48 of the Commercial Act

Supreme Court Decision 86Meu2677 Decided May 26, 1987, Supreme Court Decision 87Meu1026 Decided September 8, 1987

Plaintiff

Defendant

Busan District Court Decision 87Na1167 delivered on May 4, 198

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal Nos. 1 and 2 are examined together.

According to the reasoning of the judgment of the court below, the window: (a) the non-party entered the 15 tons wall truck (vehicle registration No. 1 omitted) of 15 tons into the Defendant’s (vehicle No. 1 omitted); (b) registered as the owner in the mid-term ledger in the name of the Defendant; and (c) the Plaintiff supplied oil necessary for the operation and management of the instant vehicle to the non-party, a local owner, on credit; and (d) determined that the above non-party was liable to pay KRW 2,332,529 to the Plaintiff on behalf of the Plaintiff, as an act pertaining to the management of the instant vehicle’s ordinary operation by delegation of the right to manage the instant vehicle from the Defendant.

However, as a general rule, a vehicle that enters the company is subject to an external ownership or a right to manage the vehicle, and even if a branch owner directly operates and manages the vehicle, the branch owner is merely an agent for the activities that fall under the ordinary business affairs in the management and administration of the operation by delegation of the branch owner's right to manage the operation of the vehicle. However, in the course of the operation and management of the branch owner's vehicle, it shall be deemed that there was a special agreement between the branch owner and the other party to the transaction without the intent of the representative of the branch owner, and the other party did not intend to engage in the transaction with the above transport business owner, in special circumstances, it shall be deemed that the branch owner bears the cost of the oil (see, e.g., Supreme Court Decisions 86Meu2677, May 26, 1987; 87Meu1026, Sept. 8, 1987).

However, according to the records, the above non-party's entry of the vehicle in this case into the ○○○○ Office of the defendant's management and the registration of the owner in the middle-term register of the above non-party can be recognized. However, the non-party's operation of the above vehicle with the trade name "○○○" on the back of the vehicle's loading box," which is separate from the defendant's management, and the plaintiff and the non-party delivered tax invoices with the name "○○" and the non-party's trade name as the non-party's name (which stated the above non-party's registration number as to the above non-party's oil supply transaction as the non-party's oil supply tax invoice (which is not about the defendant's business registration number) and the non-party's intention to pay the above non-party's oil supply amount to the non-party's non-party's non-party's non-party's non-party's vehicle owner's non-party's non-party's non-party's non-party's legal act.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeon Soo-soo (Presiding Justice) Kim Sang-won