1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff operates a gas station under the trade name of E, and the Defendant, as a company aimed at trucking transport business, entered a F Twitter (hereinafter “instant land”) from C and caused C to operate the gas station.

B. On September 1, 2016, the term of the contract with C from September 1, 2016 to October 31, 2016; the term of the payment from September 1, 2016 to September 30, 2016; the oil payment from September 1, 2016 to September 30, 2016; the oil payment from October 1, 2016 to October 31, 2016; and the oil payment from October 31, 2016 to October 31, 2016; each of the delayed damages determined as the payment of oil by adding 12% per annum from November 8, 2016 (hereinafter “instant oil supply contract”); and C and D jointly and severally guaranteed the obligation to supply the said oil (hereinafter “instant oil supply contract”).

C. From September 1, 2016 to October 21, 2016, the Plaintiff supplied C with oil equivalent to the sum of KRW 4,304,00,000, operating the instant rolling stock.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. 1) The plaintiff's assertion 1) The plaintiff signed the oil supply contract of this case with C representing the defendant, and supplied oil to the land of this case, so the defendant must pay the plaintiff the unpaid oil amount for the land of this case. 2) The plaintiff's assertion that the plaintiff concluded the oil supply contract of this case with C, not the defendant, and C agreed with C to bear the liability for the land of this case. The defendant handled tax issues related to the land of this case and did not participate in other matters. Thus, the defendant did not have any obligation to pay the unpaid oil amount.

B. A vehicle incorporated in a judgment company as to the cause of the claim shall externally belong to the company and the ownership or the right of management of the vehicle is vested in that company, thus the owner shall directly enter the vehicle.