(영문) 울산지방법원 2015.10.15 2015가합1280

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2015.10.15 2015가합1280

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1, 4, Eul evidence 3, the purport of all pleadings);

A. The Defendant is a person operating a gas station with the trade name of “B gas station,” and was supplied with that oil from Non-Party Man-Energy Co., Ltd. (hereinafter “ Man-Energy”).

B. On December 20, 2013, the Defendant filed a lawsuit claiming the return of the amount equivalent to the difference on the ground that oil less than the amount of oil paid to Universal Energy was supplied, and the Ulsan District Court rendered a judgment dismissing the claim on the ground that the Defendant, contrary to the Defendant’s assertion, failed to pay the amount of oil equivalent to the amount of KRW 50,443,520 to Universal Energy.

(Ulsan District Court 2013Kadan17376). The defendant appealed against the above judgment, but the above judgment was finalized on July 16, 2014 by withdrawing the appeal.

C. Meanwhile, on February 25, 2013, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the above amount on the grounds that the Plaintiff received the claim for oil payment equivalent to KRW 50,443,520 against the Defendant, and on December 20, 2013, the Ulsan District Court rendered a judgment to the effect that “the Defendant shall pay to the Plaintiff the amount of KRW 50,443,520 and the amount of money calculated at the rate of 20% per annum from June 4, 2013 to the date of full payment.”

(Ulsan District Court 2013Kadan5915). The Defendant appealed against this, but the Ulsan District Court, which caused the appellate court, dismissed the appeal on January 14, 2015 (Ulsan District Court 2014Na826), and the above judgment became final and conclusive around that time.

2. Judgment on the plaintiff's assertion

A. In the Ulsan District Court Decision 2014Na826 decided January 28, 2015, the defendant was found to have not paid an amount equivalent to KRW 340,905,909 with respect to only energy. Accordingly, the plaintiff received an oil payment claim amounting to KRW 223,339,482 against the defendant from only energy on January 28, 2015, and the same year.

2.1. The Defendant.

유사 판례

-울산지방법원 2018.01.11 2016재나57

-대구지방법원 2015.01.15 2014나15581

-수원지방법원 안산지원 2018.05.24 2017가합5096

-광주지방법원 2015.10.13 2014노2714

-울산지방법원 2016.06.16 2015나5255