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1. The Defendant shall pay to the Plaintiff KRW 26,30,000 and the interest rate of KRW 15% per annum from October 27, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff registered as a business operator on January 19, 2015, and operated a gas station in the name of “D gas station” in Yangju City from January 31, 2015, and the Defendant is a corporation that runs the business of selling oil in Gyeyang-gu Incheon.
B. On September 30, 2015, F, an employee of the Plaintiff, had been engaged in oil transactions with G, a director of the sports branch of the Defendant. On September 30, 2015, F, who requested G to supply an amount equivalent to KRW 26,30,000 per annum (hereinafter “instant oil payment”), and the G promised to supply that amount (hereinafter “instant agreement”).
G received KRW 26,300,000 from F on the day, on the same day, paid KRW 74,000,000 in the same place for the order of oil to F.
Since then, G did not provide the Plaintiff with smokeless gasoline.
C. Accordingly, the Plaintiff filed a complaint with the Yangju Police Station on G. After being charged with G on October 31, 2016, G, which reads to the effect that “In fact, G received from F the oil price, only it is thought that it would be appropriated for the repayment of the previous outstanding claim, and even if it is paid from F, F would pay KRW 26,300,000 to F without any oil, without any intention or ability to supply the oil, and then send the same amount as soon as possible within the width of the week after making the payment to the company as soon as possible after making the payment to F (hereinafter referred to as “instant criminal judgment”). It was sentenced to a suspended sentence for April 2, 200 to the effect that “The fact was committed by receiving KRW 26,300,000 from F as the oil price, and receiving it as the oil price.”
As a result, G appealed on December 15, 2016, but the relevant criminal judgment of this case became final and conclusive on the same day by withdrawing the appeal.
[Reasons for Recognition] Merely Facts in this Court, Gap evidence 1 to 5-34, and Eul evidence 12, respectively.