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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who engages in wholesale and retail business of gas stations under the trade name of “I” in the Chungcheong City H.
The defendant is a company that collects, processes, and sells forest aggregates.
From March 2015, the Plaintiff supplied oil to G and 24 lots (hereinafter “instant Quarrying”), which was operated by the Geumdong Comprehensive Development Co., Ltd. (hereinafter “former Dong Comprehensive Development”) around 2015.
B. On March 30, 2015, the Defendant entered into a contract on the production of aggregate and landscaping stone in the Geumdong Comprehensive Development Co., Ltd. and “from March 1, 2015 to January 31, 2017, the Defendant, from the instant quarrying area, to the effect that the Defendant would permit mining, landscaping, production of aggregate, etc.”
(hereinafter “instant contract”). On April 3, 2015, the Defendant subcontracted to C (hereinafter “C”) a project for the production of Quarrying rocks and landscaping rocks with respect to the instant Quarrying in the name of J (hereinafter “C”).
(hereinafter referred to as “instant subcontract”). (c)
From April 10, 2015 to July 31, 2015, the Plaintiff issued an electronic tax invoice equivalent to KRW 152,880,693 in the future of the Defendant as follows on the last day of each month with respect to the oil supply price supplied to the instant quarrying.
The aggregate amount (including value-added tax) of the date of preparation (including value-added tax) of KRW 25,015,548 on April 30, 2015, KRW 35,038,723 on May 31, 2015, KRW 152,80,693 on the aggregate of KRW 39,705,037 KRW 53,037 on June 31, 2015, KRW 152,80,385 on July 31, 2015, and KRW 152,80,693 on the aggregate of KRW 1,2,5,5, 6,7,21, and KRW 1 (including each number if any) on the basis of the entire pleadings, and the purport of the entire pleadings.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff entered into an oil supply contract with the Defendant and supplied a total of KRW 152,880,693 from April 30, 2015 to July 31, 2015, and received KRW 50,015,548 from the Defendant.
Therefore, the defendant's remaining amount of 102,865,145 won (=152,880,693 won-50,015,548 won) and its relation to the plaintiff.