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The Defendant’s KRW 30,560,214 as well as the Plaintiff’s annual rate from November 1, 2018 to August 20, 2020, and the following.
Reasons
1. Determination on the cause of the claim
A. 1) The Plaintiff is operating a gas station in the name of “E gas station” in the petition district in the Chungcheongbuk-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu. 2) The Defendant mainly runs the construction business, the installation business, the maintenance business of facilities, the landscaping business, etc., with the head office in the Seowon-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the head office in the Chungcheongbuk-gu, and had I work as the head of the Defendant’s site office while performing the construction business, the maintenance business of facilities, and the landscaping business.
3) On August 2017, the Plaintiff issued the Plaintiff’s agent I with the ticket indicating “B” to the customer column, and the Plaintiff entered into an oil supply contract under which the Defendant would issue a tax invoice and receive the payment of oil at the end of each month after supplying the ticket to the gas station, etc. (hereinafter “instant oil supply contract”).
(4) From September 2017 to October 2018, the Plaintiff supplied oil equivalent to KRW 91,517,447 to the Defendant. Based on the tax invoice and the transaction specifications, the Defendant paid KRW 58,970,354 from September 2017 to May 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 2, witness I and J's testimony, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid oil payment of KRW 32,547,085 (=91,517,447 won - 58,970,354 won, and the Plaintiff’s claim for reduction of KRW 8 won) and delay damages, barring special circumstances.
2. The defendant's assertion and judgment
A. The summary of the Plaintiff’s assertion 1) acknowledged the portion of KRW 35,56,411 of the Plaintiff’s supply value, but the part of KRW 55,961,036, in collusion with I, the Plaintiff provided oil personally in collusion with I, and supplied oil to the equipment business operator, including J, etc. Accordingly, the part of KRW 55,961,036 cannot be deemed as the supply of oil to the Defendant. 2)