1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. According to the overall purport of Gap evidence Nos. 1 through 5 and Eul evidence Nos. 1 and 4 (including serial numbers, if any), as to the cause of the claim, the plaintiff supplied gas to the defendant from Dec. 1, 2010 to Dec. 12, 201, and the attempted payment amount of 12,818,460 won is recognized. Thus, the defendant is obligated to pay to the plaintiff 12,818,460 won and damages for delay calculated at the rate of 15% from Sep. 11, 2015 to Sept. 30, 2015, and the provision on statutory interest rate of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. The defendant's assertion and judgment

A. The defendant did not receive gas supply from the plaintiff for the following reasons.

1) The Defendant was supplied with gas from C, not the Plaintiff. 2) On January 201, 201, the Defendant concluded a partnership agreement with C as to the gas supply business, and accordingly, the same company with C as its members was supplied with gas from D.

B. Determination 1) First, according to the reasoning of the claim that the gas supplier supplied to the Defendant is not the Plaintiff, according to the health belt and the evidence No. 2, the Defendant is deemed to have deposited part of the gas price into the account of the Plaintiff. Meanwhile, according to the overall purport of the entries and arguments as to the evidence Nos. 1, 3, 5, and 6 (including the serial numbers, if any), the following circumstances are acknowledged, namely, ① the Defendant’s gas details supplied by the Plaintiff during three times on March 8, 2012, and the current status of gas purchase in which the credit balance is stated (hereinafter “instant sales status”).

(2) The Defendant’s supplied gas is confirmed and signed.