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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 124,597,440 and the interest rate thereon from February 13, 2013 to the date of full payment.
Reasons
Basic Facts
The plaintiff is a person engaged in oil sales business, etc. in the trade name of "E gas station".
Defendant B Limited Partnership Company (hereinafter “Defendant Company”) is a company engaging in construction business.
Defendant C was the general partner of the Defendant Company from 2000 to 2006, and Defendant D was each registered as the limited partner of the Defendant Company from September 27, 2000 to April 25, 2006, and as the general partner of the Defendant Company from April 25, 2006 to September 7, 2009.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings.
Judgment
The Plaintiff filed a claim against the Defendant Company with the Defendant Company: (a) the Plaintiff supplied oil to the Defendant Company from 2004 to 2005 upon the Defendant Company’s request; and (b) the fact that the Defendant Company did not pay KRW 124,597,440 out of the price thereof is recognized by the purport of the evidence and the entire pleadings.
In relation to this, the Defendant Company asserted that the Plaintiff was supplied with oil from the Plaintiff, and that the Defendant Company did not have the obligation to pay the oil price to the Plaintiff. However, the following circumstances acknowledged by the purport of Gap evidence Nos. 2, 4, and Eul evidence Nos. 1 and 2 (including each number), namely, ① the address of the Plaintiff’s headquarters in 2004 and as of 2005, F Limited Partnership and F Co., Ltd. was equal to H in both Gus-gun, and all of its representatives were Defendant C; ② the Defendant Company was deemed to have the obligation to pay the Plaintiff’s oil price; ③ the Plaintiff delegated the collection of the oil price claim to the Sejong Information Company, and notified the Defendant Company of the acceptance of the above collection authority; Defendant C returned to the Plaintiff on December 3, 2012, and requested the Defendant Company to withdraw the Plaintiff’s oil price as soon as possible.