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. The parties' assertion

A. The Defendant is obligated to pay to the Plaintiff KRW 6,116,801, which was unpaid, out of the oil prices supplied by the Plaintiff to February 2012.

B. The defendant is not the defendant but B, because the defendant was engaged in transportation business as a transportation broker B (hereinafter "B"), and the oil price required in the course of the transportation business was deducted from the transportation cost and received from B.

2. The facts that there is no dispute over the judgment, comprehensively taking account of the following circumstances acknowledged by Gap's evidence 1 to 5, Eul's witness's testimony, and the purport of the whole pleadings, the parties to the oil supply contract are the defendant as the borrower, and Eul merely guaranteed the payment of the oil price, and the defendant is liable for the oil price. Accordingly, the defendant is liable to pay the plaintiff 6,16801 won and damages for delay.

① The Defendant registered an individual entrepreneur with the trade name of D as a contract for construction machinery and a rental business.

E dump trucks operated by the Defendant were registered in the name of the Defendant, not in B.

② Upon receipt of oil, the borrowers affiliated with B were issued a tax invoice under the name of a borrower or a sub-subsidiary other than B, and the Defendant was also issued a tax invoice for KRW 488,670 on December 31, 201 with respect to the instant oil payment by the Plaintiff as the recipient of D, and KRW 3,157,618 on January 31, 2012, and KRW 2,470,513 on February 29, 2012.

③ The borrower in B paid the Plaintiff’s gas to the Plaintiff’s gas station, not only the Plaintiff’s gas station but also the borrower was able to personally use other gas stations than the Plaintiff’s gas station.

(4) A, who was an employee of B, is a inside director of B.