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(영문) 울산지방법원 2016.08.25 2015나22892
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons why the court stated in this part of the basic facts are the second side of the judgment of the first instance except for the modification as follows:

1. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the second and second sides of the judgment of the court of first instance, the 5th "after the plaintiff suspends the operation of the e station around March 2012" shall be amended to "the plaintiff has suspended the operation of the e station around June 2012."

(b) From the third side of the judgment of the first instance to “on shipment” the provision of paragraph 3, and from the bottom to “on shipment” the provision of paragraph 2 shall be amended to “on shipment.”

C. The part of No. 6-3 and No. 9-4 of the first instance judgment are amended as follows.

“(3) Around August 9, 2012, Defendant C, while carrying petroleum products 19,598 liters and driving S vehicles, delivered the said petroleum products to Foil Storage, not the gas station in the instant case. Defendant B, while driving a T vehicle with a petroleum product 19,604 liter and driving the vehicle, delivered the said petroleum products to F Oil Storage at around 18:24 on the same day.”

D. From the fourth part of the judgment of the court of first instance, the part of 10 e.g. (1) shall be modified as follows.

The "Empio" notified the shipment to the plaintiff's mobile phone number after the instant petroleum product was shipped, and sent an electronic tax invoice to the e-mail address.

E. On the fifth ground of the judgment of the court of first instance, the second ground of appeal (based on recognition) is amended as follows.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 4-1, 13, 14, 18-1, 13, 18, Eul evidence No. 1, Eul evidence No. 3, testimony by U.S. witness of the party and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff asserted that he requested the Plaintiff to supply the petroleum products of this case to the gas station in this case, and paid the price. Defendant C and B transported the said petroleum products to F oil storage, not to the oil station, and infringed the Plaintiff’s right to receive oil. Accordingly, the Plaintiff paid the price.

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