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(영문) 인천지방법원 2015.10.01 2014가단81190
유류대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 67,602,88 and its interest thereon from August 27, 2015 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 and 2 (including branch numbers if there are serial numbers) by taking into account the whole purport of the pleadings.

The plaintiff is a company that aims at oil sales business, etc., and the defendant A is a company that aims at the mid-term transportation brokerage business, etc., and the defendant B is the spouse of defendant A A's internal director E who engages in construction machinery rental business under the trade name of "D from Gyeyang-gu Incheon Metropolitan City."

B. The Plaintiff supplied oil to Defendant A from November 2012 to February 8, 2013, but did not receive 67,602,88 won.

2. According to the above facts of recognition as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff KRW 67,602,888 of the oil amount unpaid to the Plaintiff and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 27, 2015 to the day of complete payment, following the delivery of a copy of the application for modification of claim to the Plaintiff.

3. Determination as to the claim against the defendant B

A. The Plaintiff asserted that, as the spouse of Defendant A’s representative E, Defendant B was provided with oil equivalent to KRW 10,342,300 in total from November 30, 2012 to January 31, 2013, while operating an independent business entity of “D” in Incheon Gyeyang-gu, the Plaintiff asserted that, at the time of the oil supply, Defendant B provided oil to his own vehicle (vehicle number F, temporaryG, hereinafter “instant vehicle”), and that at the time of the oil supply, Defendant B provided oil to his own vehicle (vehicle number F, temporaryG, hereinafter “instant vehicle”) with an expression of intent to directly pay the oil price by requesting a change in its future. As such, the Plaintiff asserted that the said oil price and damages for delay should be paid.

B. A vehicle incorporated in the relevant legal doctrine into a company shall externally belong to the company, and the ownership or the right of management of the vehicle shall directly belong to the owner of the vehicle.

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