1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. The Plaintiff is a person who runs a wholesale and retail business, etc. with the trade name of “C”.

B. D Co., Ltd. (hereinafter “D”) was a company that is engaged in construction machinery leasing business, etc., and the Defendant took a vehicle from the Defendant and had the Defendant operate the vehicle.

C. D filed a petition for bankruptcy with the Changwon District Court 2019Hau10030, and the said court declared the bankruptcy of D on June 11, 2019.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 4, the purport of the whole pleadings

2. Determination

A. Plaintiff’s assertion 1) From August 2018 to December 2, 2018, the Plaintiff supplied oil equivalent to KRW 19,949,102 to the Defendant’s vehicle operated by the Defendant. In light of the fact that the Plaintiff issued a tax invoice to the Defendant in relation to the supply of oil, it is evident that the Plaintiff, the Defendant, and the Defendant, and D agree to pay the Plaintiff the oil price. Therefore, the Defendant is liable to pay the Plaintiff the oil price of KRW 19,949,102, and the delay damages therefrom. 2) Even if it is not so, D caused financial difficulties but caused damage to the Plaintiff by deceiving the Plaintiff even though it was unable to pay the oil price.

The defendant has been continuously supplied with oil by the plaintiff although he was well aware or sufficiently aware of the above economic situation of D due to the kind of E, which is the actual operator of D.

Therefore, the defendant, in collusion with E, obtained the amount equivalent to the oil price of this case, or aided and abetting D to obtain the above oil price, so the defendant is obligated to pay the oil price and damages for delay to the plaintiff as joint tortfeasor pursuant to Article 760 (3) of the Civil Code.