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1. The Defendant’s KRW 31,757,653 as well as the Plaintiff’s annual rate from July 1, 2015 to February 29, 2016.
Reasons
Basic Facts
B The gold Industry Co., Ltd. (hereinafter all corporations indicate their trade names) which is the contractor of the construction works in the construction works in the construction works in the construction works in the construction works in the construction works in the form of sub-subcontract to the Defendant, and the Plaintiff, whose main business is petroleum wholesale and retail, supplied oil to the Defendant in the construction works in the site of the construction works (hereinafter “instant construction works”) by June 30, 2015, and the unpaid amount reaches KRW 31,757,653, is either a dispute between the parties, or the entire purport of the arguments in subparagraphs A and 4 (including the number thereof; hereinafter the same shall apply) is unknown.
The plaintiff's assertion and the judgment party's assertion that the plaintiff is the party to the above oil supply contract, and the defendant should pay the above price. On the other hand, the defendant is disputing the plaintiff's argument that the party to the oil supply contract and the counterpart who received oil supply are not the defendant, not the defendant (hereinafter "the above oil supply contract of this case"). The issue of this case is whether the plaintiff is the other party to the oil supply contract of this case.
Judgment
In this regard, according to the following facts and circumstances, Gap evidence Nos. 5 and Eul evidence Nos. 2, and the purport of the whole pleadings can be seen, the other party to the oil supply contract of this case can sufficiently be recognized as the defendant, not the construction of a friendly window, and other evidence submitted by the defendant alone cannot be seen differently.
As to the oil supply contract of this case, the Plaintiff issued a tax invoice against the Defendant and completed the tax return.
On October 1, 2015, the Plaintiff and the Maul Construction drafted a written agreement (No. 2) with the following contents:
【Agreement (Evidence No. 2) 【DC, however, the above Agreement, shall be paid by D(Defendant).