1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

1. Basic facts

A. The Plaintiff is running a gas station with the trade name “D gas station” at permanent residence C.

On June 30, 2013, as a company engaged in the business of transporting and installing steel structures, etc., the Defendant Company received from E one set of F treatment 25 tons of car trucks from E (hereinafter “instant car”) and had E operate it.

B. The Plaintiff supplied transit to the instant land transit vehicles from July 2013 to January 23, 2015.

(hereinafter referred to as the “instant oil supply contract”). Of the oil prices, the supply contract was not received a total of KRW 14,414,621 (excluding KRW 19,414,621 which was received from E during the instant lawsuit, among the total of KRW 19,414,621).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. In general, the relevant legal principles refer to an external ownership or a right to manage the operation of a vehicle, and thus, even if a branch owner directly operates or manages it, the branch owner is merely entrusted by the company with a right to manage the operation of the vehicle, and acting as an agent for an act that falls under ordinary business operations for the management of operation. However, in the case of the oil supply transaction which falls under ordinary business affairs, there is no intention to act as an agent for the branch owner owner owner, and there is no intention to act as an agent for the other party, and there is no intention to act as an oil supplier for the other party to act with the company, and there is a special agreement that only the branch owner who directly receives the oil shall bear the cost of the oil.

(See Supreme Court Decision 93Da7341 delivered on May 27, 1993, and Supreme Court Decision 89Meu319 delivered on October 27, 198, etc.) B.

Judgment

In accordance with the above legal principles, the instant case is unless there are special circumstances.