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(영문) 청주지방법원충주지원 2015.09.24 2015가단3030
유류대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was operating a gas station B, but entered into a oil supply contract with Seo, Inc. on January 22, 2013.

(hereinafter referred to as the "Seo corporation" and the "instant oil supply contract" are b.

On February 13, 2013, the Defendant: (a) prepared a written confirmation (No. 2; hereinafter “instant confirmation”); and (b) issued it to the non-party company; and (c) written confirmation entered the person who prepared the written confirmation as “the central company of the guarantor company”.

1. He/she wishes to do so once the day he/she will do;

2. There shall be transactions between Puok Co., Ltd. and Sk B gas stations in relation to oil transactions and credit in relation thereto.

3. 당사는 SK B 주유소와 주식회사 세오간의 거래에 있어 중앙기업 주식회사에 납품수량을 익월 10일까지 청구하고, 납품대금은 청구 후 5일 안에 현금으로 지급할 것을 확인함. 4. 당일 주유량을 총수량과 단가를 담당자에게 통보해준다(단, 크럇샤 부분 외 주유량은 제외한다)"

C. The Plaintiff supplied Nonparty Company with oil from February 13, 2013 to March 30, 2013, and the Nonparty Company did not pay KRW 36,351,364 out of the amount of oil paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion that the non-party company is jointly and severally liable for the payment of oil price to the plaintiff according to the oil supply contract of this case. Thus, the non-party company is obligated to pay 36,351,364 won and delay damages to the plaintiff.

3. On August 18, 2015, the Plaintiff asserted that the instant written confirmation is a contract between the non-party company and the Defendant, and the subject of the claim for the price of goods and the subject of the notification of the amount of prime flow under the said written confirmation is the non-party company that is not the Plaintiff, and in the instant written confirmation, the Defendant against the Plaintiff.

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