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1. The Defendant shall pay to the Plaintiff KRW 82,657,605 and the interest rate of KRW 15% per annum from September 15, 2015 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff, who operates the Plaintiff’s claim gas station, supplied the Defendant with oil for six years from the year 2009.
Since the defendant did not pay KRW 82,657,605 out of the oil price, the defendant shall pay the plaintiff the above KRW 82,657,605 and the delay damages therefor.
B. In full view of the facts without dispute over recognition, the following facts can be acknowledged, taking into account the following facts, Gap evidence Nos. 1 through 5 (including each number), and the purport of the entire argument as to the submission order of financial transaction information to the Jeonbuk bank by this court:
1) The Plaintiff, while operating a major station with the trade name of “C gas station”, supplied oil to Nonparty E, who is the Defendant’s siblings operating “D” from 2009 to 2015, and the attempted amount is KRW 82,657,605. 2) The tax invoice on the oil price supplied as above was issued in the name of the above E and the Defendant’s spouse.
3) From the account under the name of the Defendant, wages were paid from the F, which is the driver of the vehicle affiliated with D, to the account in the name of G, H, I, etc.
C. According to the above facts, the defendant was supplied with oil from the plaintiff for the operation of the vehicles belonging to D while operating D with the type E, and if the partnership debt is borne by the act of commercial activity for all members, it shall apply Article 57(1) of the Commercial Act to bear joint liability. Thus, the defendant is obligated to pay to the plaintiff the unpaid oil payment amount of KRW 82,657,605 as well as damages for delay calculated at the rate of 15% per annum from September 15, 2015 to the day of full payment after the copy of the complaint of this case was served.
2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.