1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who engages in petroleum and wholesale and retail business with the trade name “C” in Suwon-si, Suwon-si, and the Defendant Company is a company that engages in construction business, etc.

B. The Plaintiff entered into an oil supply contract with the Defendant Company (hereinafter “instant supply contract”), and supplied the Defendant Company’s total sum of KRW 373,585,667 from February 2014 to June 30, 2014.

The date of supplying the plaintiff's oil and each payment shall be as follows:

On February 25, 2014, KRW 88,783,760, KRW 47,64,84 on March 25, 2014, KRW 83,465, KRW 741, KRW 11,680, KRW 148 on April 25, 2014, KRW 47,273,976, KRW 12,201, KRW 169, KRW 39 on June 30, 2014, KRW 262, KRW 465, KRW 741, KRW 11,680 on April 25, 2014; KRW 47,273,976; KRW 12,201, KRW 169, KRW 39,713, KRW 25,939, KRW 319,574, KRW 243, KRW 26298, KRW 84,5375,575

C. The Defendant Company paid 220,783,760 won out of the above oil payment to the Plaintiff.

The Ministry of Oceans and Fisheries notified the results of analysis that the oil supplied to the D site and E construction sites among the above oil supplied by the Plaintiff is about 60 to 70% mixed with other petroleum products such as light oil for automobiles.

E. Meanwhile, as the Plaintiff’s relative, H, the representative director of G Co., Ltd., was a person who actually operated the said C by lending the Plaintiff’s name, and was indicted for violating the Petroleum and Petroleum Substitute Fuel Business Act due to a violation of the Act on the Business of Petroleum and Petroleum Substitute Fuel, etc., and was sentenced to imprisonment with prison labor for four years as Seoul Southern District Court 2014Da326, 3

In this regard, H appealed, and the appellate court judged that the manufacture of fake petroleum products was partially acquitted, and the sentence was finalized after the Seoul High Court sentenced the suspended sentence of two years and six years and the suspended sentence was sentenced to two years and six years in June.

[Ground of recognition] Facts without dispute, Gap 2 through 8, 10 through 12, Eul 7 through 10, and 15 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination

A. Claim for the payment of oil price.