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(영문) 수원지방법원안산지원 2020.01.09 2019가합8594
물품대금
Text

1. The Defendants jointly share KRW 265,720,550 to the Plaintiff and Defendant B with respect thereto from July 11, 2019, and Defendant C.

Reasons

Facts of recognition

The relevant Plaintiff is a company established for the purpose of oil wholesale and retail business, oil transport business, etc., and D (hereinafter “D”) is a company established on March 12, 2013 with the purpose of selling petroleum wholesale and retail business as its principal place of business, and “Sti City E” as its principal place of business.

D Around July 2013, in the name of "G gas station", the G gas station began to run the gas station business in the name of "G gas station", and registered the G gas station in the corporate register of D, and used the name of the gas station signboard ("G gas station D"), the petroleum supply contract ("D G gas station"), the business registration ("D G gas station"), etc. and operated the gas station business.

Defendant B was appointed as the representative director of D on November 9, 2016.

The Plaintiff’s petroleum supply to D and Defendant B’s joint and several sureties entered into a petroleum supply contract with D around December 29, 2016, with D and D’s supply of gasoline, light oil, and heavy oil for a year, with a daily rate of 1st day, receiving payment from D in cash. If D delayed payment, the Plaintiff entered into a petroleum supply contract with a annual rate of 15% to apply the delayed interest rate.

Defendant B guaranteed D’s debt under the above supply contract.

According to the above supply contract, the Plaintiff supplied approximately KRW 4 billion in total to D over 15 times from December 30, 2016 to August 27, 2017, but did not receive KRW 265,720,550 out of the petroleum supply price from D.

D Business transfer and Defendant C’s G gas station operation D transferred all of the business operations of G gas station to Defendant C around November 2017.

On November 13, 2017, Defendant C completed a new business registration with the name of “G gas station”, “G gas station”, the location of the place of business, “F at Siriri”, “retailing,” “retailing,” and commenced gas station business.

Defendant C, after commencing the gas station business, indicated “H” as an outdoor signboard, but any change is made to the part indicated as “G gas station” and the entire color.

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