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(영문) 부산지방법원 2018.11.07 2017가단329647
유류대금
Text

1. The Plaintiff, Defendant D Co., Ltd., 25,537,010 won, Defendant I 10,212,680 won, Defendant J 4,908,280 won, and each of them.

Reasons

1. Claim against Defendant I and J

(a) Indication of claims: To be as shown in the corresponding part of the grounds for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant D

(a) Acknowledgement of fact: To be stated in the corresponding part of the grounds for the claim in attached Form;

(no dispute exists). (b)

Plaintiff

3. Claim against Defendant B, C, E, F, G, H, and K

A. The summary of the parties' assertion 1) The above Defendants concluded an oil supply contract with the Plaintiff and supplied oil from the Plaintiff, and thus, they are obligated to pay the oil price. In addition, Defendant B, in accordance with the oil payment agreement, approved the remaining Defendants’ obligation to pay the oil price through the issuance of the tax invoice, thereby bearing responsibility for each of them. 2) The above Defendants did not conclude an oil supply agreement with the Plaintiff, and the parties to the oil supply contract concluded an oil supply contract with the Plaintiff were Defendant D (hereinafter "Defendant D"), and thus, the Plaintiff’s claim against them is without merit.

B. According to the reasoning of the evidence No. 2 (including the serial number), the above Defendants issued electronic tax invoices in their own name with respect to oil supplied by the Plaintiff.

However, in full view of the facts that there is no dispute between the parties, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings, Defendant B is the actual operator of Defendant D who uses dump trucks at the construction site and transports soil, the remainder of the Defendants are the borrowers working in Defendant D, Defendant D paid the Plaintiff KRW 34,644,000,000 as oil price pursuant to the oil supply contract with the Plaintiff, as oil price, pursuant to the oil supply contract with the Plaintiff.

In light of this, only the above electronic tax invoice was issued, and it is recognized that the above Defendants were the parties to the oil supply contract with the Plaintiff or approved the obligation to pay oil prices.

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