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(영문) 서울고등법원 2013.09.04 2012나105019
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance except for any addition or dismissal below.

It shall be quoted pursuant to Article 420 of the Civil Procedure Act.

2. The addition or height is that the phrase “it is impossible to set off” that is 6 from the 14th to the 6th place of the part.

The phrase “A 15” that will be the 14th 8th 6th son shall be deemed to be “A 25”.

The following shall be added to a shelter subsequent to the "number change due to a mixed oil accident of a non-string gasoline" 14th nine (9).

“The total storage capacity of the oil storage tank owned by Defendant A in the instant gas station is 240,00 liters, and even if Defendant A or E or F was supplied by the Plaintiff on or before July 2010, the total storage capacity of the oil storage tank cannot exceed the total storage capacity (the storage tank held by the Defendant is classified into four kinds, such as smokeless gasoline, non-fluor ordinary gasoline, light oil, low sulfur oil, etc.). As such, the storage tank capacity of the Defendant should be determined on the basis of each kind of storage tank capacity, other than the quantity supplied by the Plaintiff during the said period. However, according to the witness G testimony of the first instance trial, the instant gas station can be recognized that there was an accident of mixed oil with the oil tank supplied by another supplier, resulting in confusion with the gasoline and diesel tank so that it is impossible to accurately confirm the inventory of the Plaintiff A during the said period, regardless of the above period, by the following 10th category A.

'Defendant A's obligation to purchase the full amount of petroleum products sold to consumers from the Plaintiff, not the Plaintiff.

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