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(영문) 광주지방법원 2017.04.28 2016나8578
매매대금
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

Basic Facts

From February 27, 2011, the Plaintiff is a person who is engaged in the oil sales business under the trade name, “C gas station” in Mandong-gun I.

From April 30, 2014 to October 31, 2014, the Plaintiff supplied 4,7310,000 won oil to E Co., Ltd. (the representative F, hereinafter referred to as “E”) (the “E”), a total of which was being engaged in construction in YYD, and issued a tax invoice.

E pays 27 million won out of the above oil price to the Plaintiff, and the balance of the current oil price is 20,310,000 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including the provisional number), the plaintiff's assertion of the purport of the whole pleadings, and G, the defendant's representative director of the plaintiff's assertion of judgment, is actually operating the defendant and Eul as the husband of F, the representative director of E, and since the defendant's representative director decided to pay the above oil payment obligation to the plaintiff as the defendant's representative director, the defendant is liable to pay the plaintiff the unpaid oil price of 2,0310,000 won and

Judgment

The testimony of the witness of the first instance court is insufficient to recognize that G was liable to pay the defendant as the representative director, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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