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1.The judgment of the first instance, including any selective claims added at the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff, while running transportation business with the trade name in Ansan-si C, was supplied with oil from G operating the F station located in Ansan-si E (hereinafter “instant gas station”) from 201 to January 201, the Plaintiff paid KRW 230,010,000 (hereinafter “instant advance payment”) to G in advance, from December 2, 2012 to January 2013.
B. Since April 1, 2013, the Defendant completed business registration with the same trade name as Friju station from around April 1, 2013, and operates the gas station in this case.
C. On May 1, 2013, the Defendant: (a) between the Plaintiff and the Plaintiff, paid KRW 250 million to the Plaintiff regarding the instant advance payment; (b) agreed to pay KRW 50 million each month in installments (hereinafter “instant agreement”); and (c) on the bottom of the Statement of Transactions in April 2013 (Evidence A) with the Plaintiff, the Plaintiff stated that the Plaintiff’s “CF Y Y 250,000,000 per month for succession of obligation 5,00,000 per month for succession of obligation : (a) the Plaintiff’s president (the Plaintiff refers to the Plaintiff); and (b) written statement of the said transaction to the Plaintiff after signing the agreement.
The Defendant, in accordance with the instant agreement, on May 8, 2013, to the Plaintiff and the Plaintiff.
6.8. Each 5 million won has been paid, but no further payment has been made.
E. From July 8, 2013, the Plaintiff suspended the transaction of oil supplied from the Defendant until July 8, 2013. Until that time, the amount of oil not paid by the Plaintiff to the Defendant reaches KRW 14,79,937, separate from the instant advance payment or the instant agreement.
F. Meanwhile, on October 30, 2014 in Suwon District Court Decision 2013No6298, G, even if the Defendant received money from the said court on October 30, 2014 as the preferred payment for oil purchase from the victim (referring to the Plaintiff), he/she was the intent to use it in futures investment, and did not have the intent or ability to supply the imported oil to the victim. As such, G, having no intention or ability to use it as an advance payment, is limited to KRW 250 million.