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(영문) 서울고등법원 2015.10.22 2015나2008504
공탁금출급청구권확인 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a person operating the “D gas station” in Seo-gu Incheon, and the Defendant K-to-Energy Co., Ltd. (hereinafter “Defendant Company”) is a corporation engaging in petroleum sales business on March 31, 2014, and the joint Defendant B (hereinafter “B”) of the first instance court is a person registered as the business name of the “G gas station” located in the Chungcheong North Korea F at the request of E.

B. H operated the “I gas station” and “J oil” located in Kimpo-si, and had E and Dong businesses, including a construction company, which had been engaged in oil transactions with the Defendant company around April 2012 while doing so around 2007.

Therefore, H is in charge of supplying oil by investing funds, and E is to take charge of supplying it to the selling places, such as C&W Construction Co., Ltd., Large Construction Co., Ltd., and T-Sho Development Co., Ltd. (hereinafter “C-Sho Development”), and for this purpose, H is to register the business of “L” in the name of K, which is an employee of E, and H is to manage the said “L” account.

C. Since January 2013, there was a dispute over the settlement of profits between H and E in the middle of the year 2013, and on January 31, 2013, E’s opening K and withdrawing KRW 450 million from the said “L account as the settlement amount, and the said operation was actually terminated.

After the de facto termination of the club business contract with H, E registered the trade name “G gas station” in the name of its own employee B, and supplied oil from M companies, N companies, and the Plaintiff and supplied oil to the existing seller.

Meanwhile, the Defendant Company supplied the “L” amounting to KRW 443,648,00,00, and the amount equivalent to KRW 663,604,00 around January 2013, but did not receive the said amount of oil.

Accordingly, the defendant company is the Seoul Southern District Court 2013Kadan70212, which is equivalent to KRW 500 million for K's cho Lake development.

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