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(영문) 서울고등법원 2015.06.11 2014나52683
매매대금
Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that engages in petroleum retail business, etc., and the individual business chain B is a company that runs the wholesale retail business of oil. D, from around April 2007, when operating the “F station” and “E” located in Kimpo-si, intended to operate both C and B with the Plaintiff, including a construction company, around April 2012, which had been doing oil transaction with the Plaintiff, to be in charge of supplying the oil, and C, to be in charge of supplying the oil to the seller secured by C. According to the written evidence 2, D requested the Defendant, who is an employee of C through C, to have the business registered under the name of the Defendant, and thereby, D managed the financial account of B.

B. The Plaintiff supplied B with oil from April 2012 to January 2013, 2013. The order of oil was made in a way that D requests the Plaintiff to supply oil.

C. On September 16, 2013, the judgment of the relevant civil case, Sdong Petroleum Co., Ltd. (hereinafter “Sdong Petroleum Co., Ltd.”) filed a claim against the Plaintiff and the Defendant for the confirmation of the claim for payment of deposit money, which verified that the claim for payment of deposit amount of KRW 212,088,307 deposited by the Suwon District Court No. 9057, Sept. 4, 2013 by the Suwon District Court No. 2013Gahap16424, Sept. 16, 2013 (hereinafter “Sdong Petroleum Co., Ltd.”) had been accepted on the ground of the confession. The Plaintiff’s claim against the Defendant was accepted on the ground of the confession, and the party who supplied the Plaintiff’s oil equivalent to KRW 212,08,307, not on the Sejong Petroleum Co., Ltd. on the ground that it is not the dong Petroleum Co., Ltd. but the actual operator of B, not the Defendant.

was dismissed.

Accordingly, the Seoul High Court 2014Na54283 appealed on the part of the plaintiff.

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