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(영문) 대전지방법원서산지원 2015.01.16 2014가단767
유류대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' arguments

A. On June 10, 2013, the summary of the Plaintiff’s assertion: (a) the Defendant leased 15 square meters of an office located in the D station located in the Sinjin-si operated by the Plaintiff; and (b) the Defendant promised to purchase the entire quantity of oil required for business from the Plaintiff.

Accordingly, the Plaintiff supplied the Defendant with oil equivalent to KRW 3,902,527, but the Defendant did not pay the remainder by paying only KRW 1,800,000 as the oil price.

Therefore, the defendant should pay to the plaintiff the unpaid oil price of KRW 32,102,527 and damages for delay.

B. The summary of the Defendant’s assertion is Nonparty F, who is engaged in cargo transport business in the name of E, who rents an office in the D gas station from the Plaintiff, and is supplied with oil.

The defendant introduced the cargo transport service of the G Heavy Industries to the above F, and did not know the plaintiff and did not receive oil from the plaintiff.

2. As to whether the Plaintiff supplied oil to the Defendant as alleged by the Plaintiff, the testimony of the witness F, who seems to correspond thereto, cannot be trusted, and even if considering all the evidence submitted by the Plaintiff, it is insufficient to accept such testimony, and there is no other evidence.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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