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1. The Defendant’s KRW 22,019,260 as well as the Plaintiff’s annual rate from October 29, 2015 to September 13, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a business operator who operated a liquefied petroleum gas charging station B filling station, C filling station, D filling station, E filling station, and F filling station (hereinafter “instant charging station”), and the Defendant is a selling company of liquefied petroleum gas.
B. The Plaintiff started to lease and operate the instant charging station from G Co., Ltd. (hereinafter “G”), which operated the instant charging station, and G concluded an explicit agreement with the Defendant to enter into a liquefied petroleum gas sales agency agreement with the Defendant and supplied gas from the Defendant, but the Plaintiff did not enter into an explicit contract with the Defendant, and paid gas from around September 2013 without entering into an explicit contract with the Defendant, and suspended transactions around December 2013.
C. In addition to the “ Liquefied petroleum gas sales agency contract”, G explicitly concluded a “ liquefied petroleum gas transport contract” with which the Defendant pays the transportation cost to G, and a “H card system franchise agreement” with the use of H points, which is a membership point system operated by the Defendant. However, the Plaintiff did not explicitly conclude such a contract with the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 5, Gap evidence 2, 4, Gap evidence 5 through 9 (including additional numbers), Eul evidence 1 and 3, and the purport of the whole pleadings
2. The Plaintiff asserts that the Defendant and the Plaintiff seek payment of KRW 16,289,461 of the transportation cost on the basis of an implied transportation contract that the Defendant would pay the Plaintiff the pre-payment of the transportation cost of gas supplied by the Defendant.
In light of the fact that (1) the Plaintiff’s supply of gas from the Defendant and the payment of the price for the gas has been repeated for a certain period, an implied supply contract is concluded between the Plaintiff and the Defendant for gas supply.