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(영문) 서울고등법원 2015.04.23 2013나60038
물품대금
Text

The plaintiff's appeal against the defendants and the claim selected by this court are all dismissed.

Reasons

1. The premise fact 【Evidence】 4,5, B, 9,10 (including branch numbers in cases where the branch numbers are included; hereinafter the same shall apply), the witness K and the purport of the whole pleadings;

A. The Plaintiff’s (i) is an agent of Hyundai Oil Bank Co., Ltd., a gas producer, for the purpose of the Plaintiff’s business of filling liquid petroleum gas. (2)

B. The Defendant LA is running the gas filling business in the operation of the “C”. The Defendant East Woo-gu is operating the “B”. The Defendant is running the gas filling business.

Article 22 of the Civil Code No. 13 of the Civil Code No. 14 of the Civil Code No. 2010, Mar. 17, 2012.

B. The Plaintiff entered into a gas supply transaction between the Plaintiff and the Defendants (i.e., the Plaintiff entered into a gas supply transaction with Defendant EL via D and the same chip.

Sheshe traded gas with Defendant B through D, and even after D retired, the Plaintiff traded gas supply with Defendant B through D.

2. Issues of the instant case

A. (i) The amount of the Plaintiff’s gas payment claim against Defendant LEL regarding the Defendants: (ii) the amount of the Plaintiff’s gas payment claim against Defendant B; (iii) the amount of the Plaintiff’s gas payment claim against Defendant B; and

B. Copy of expression representation under Article 126 of the Civil Act

C. Copy of expression representation under the Civil Act

(d) Details of the employer’s responsibility;

E. Defendant B’s defense of offset

3. The judgment of this Court

A. (i) The Plaintiff’s claim amount against Defendant LA (the Plaintiff’s assertion) was paid for gas supply to Defendant LA from December 31, 2010 to April 201, and the Plaintiff received full payment for gas supply from Defendant LA from Defendant LA to April 2012. Since then, the Plaintiff received orders through D, an agent of Defendant LA, and gas from the gas producer.

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