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(영문) 대구고등법원 2017.05.18 2016나26632
유류대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 3, Eul evidence Nos. 2 and 4 (including the number, if not specially indicated; hereinafter the same shall apply), the testimony of the witness of the first instance court and the entire pleading, and there is no counter-proof.

The Plaintiff, as a person operating a D gas station from August 201 to November 27, 201, supplied oil to the F gas station located in Daegu Dong-gu E at the request of the F gas station warden from August 201 to November 27, 2012.

B. The F station was originally registered as the name of the business operator, but the representative on June 15, 2012 was changed to the defendant.

C. On November 10, 2012, H drafted a repayment plan (Evidence A (hereinafter “instant repayment plan”) that promises to repay the unpaid oil payment amount of KRW 220,000,000,00, and issued it to the Plaintiff by affixing each business registration name plate indicated as “F station G” and “Defendant of F station” on the end.

The debtor: Friju G and H creditor: as of the future plan for the claim currently occurring: Friju station is created in the amount of 220,000,000 won due to the difficulties in management and operational difficulties, and to solve this problem, the Friju station will be examined and discussed and held in order to conduct the repayment of the claim in the following manner: even if it does not cause any mind, the recognition will be recognized and the progress of the case shall be responsible and implemented.

1. The claims will proceed with the situation between KRW 10,000,000 per month and KRW 20,000.

2. The portion of the security will be terminated by the end of December.

3. The part concerning the work shall continue to proceed and be accepted on the date of the meeting.

4. During the gold month, I will complete the redemption of KRW 30,000,00 on the shortest date.

(hereinafter omitted) November 10, 2012, IF station G Daegu Metropolitan City, Dong-gu.

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