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(영문) 서울고등법원 2015.09.25 2015나13579
유류비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion and judgment

A. 1) Determination of the Plaintiff’s assertion of contractual liability as to the assertion of the Plaintiff’s assertion 1) The Plaintiff, who is engaged in the wholesale and retail business, is an employee of the Defendant who is engaged in the business of dismantling structures, etc., and the Defendant was awarded a contract and performed construction work at the Sejong Elementary School Construction Site

(C) The area of the mountain, the mountain, the mountain, and the mountain, and the mountain, the mountain and the mountain.

between D and D with the site manager, the above construction site and the “E Apartment Construction Site” (hereinafter referred to as “Seonam-si Site”).

(1) The Plaintiff and the Defendant provided oil at each of the above construction sites from July 4, 2013 to December 2013, 2013, but supplied oil at each of the above construction sites: (i) KRW 150,284,861 of the oil price (i.e., KRW 30,55,070 at Sejong-si + KRW 76,804,288 at each of the Sejong-si, Seonam-si, and KRW 42,925,503 at Sungnam-si, and KRW 42,925,503 at each of the above construction sites). As such, whether the Plaintiff entered into an oil supply contract with the Defendant for each of the above construction sites and whether the Plaintiff entered into an oil supply contract with the Defendant for the said construction sites (hereinafter “KB construction”).

(B) The fact that the oil supply contract was concluded between the parties does not conflict. The defendant asserted that "the plaintiff entered into an oil supply contract with the rink construction" through the written reply dated April 28, 2014 and the preparatory brief dated May 9, 2014, and the plaintiff made a confession that "the plaintiff supplied oil to the rink construction in accordance with the contract with the rink construction, and the party to the contract is not the defendant" at the first date for pleading of the first instance trial of this case. The plaintiff revoked the confession with the plaintiff's statement at the third date for pleading of the first instance trial of this case as of June 10, 2014.

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