1. Defendant C shall pay to the Plaintiff KRW 44,997,876 as well as 20% per annum from August 30, 2014 to the date of full payment.

1. Basic facts

A. The Plaintiff is a person who is engaged in the wholesale and retail business of petroleum with the trade name of D, and the Defendant B owned the land E forest land 31,934 square meters (hereinafter “instant forest”) on September 24, 2003 by registering the transfer of the forest land in Ansan-si. The Plaintiff lost ownership through a voluntary auction on June 18, 2014. The Defendant C completed a report on the construction of medical facilities (convalescent hospital; hereinafter “instant convalescent hospital”) with approximately approximately 2,386 square meters on the land of the instant forest.

B. Defendant B consented to Defendant C’s use of 23,69 square meters of the instant forest from July 201 to July 20201 for the construction of the instant convalescent hospital.

C. Defendant C commenced construction for site creation in the instant forest land, and entered into an agreement with the Plaintiff to be supplied with oil to be used in the construction machinery used at the said construction site and to pay the price thereof (hereinafter “instant oil supply agreement”).

The Plaintiff supplied oil equivalent to KRW 44,997,876 (hereinafter “instant oil price”) from April 2013 to May 2013 under the instant oil supply contract.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 (including number 1), witness F's testimony, and the purport of whole pleadings

2. A confession as to the Plaintiff’s claim against Defendant C (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

3. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff’s assertion asserts that, since Defendant B is a member of the same trade relationship with Defendant C, etc. to sell the instant convalescent hospital and distribute the profits therefrom, the Plaintiff is obligated under the instant oil supply contract concluded for the partnership’s business, and the Plaintiff should pay the instant oil price to the nominal owner under Article 24 of the Commercial Act or the employee under Article 756 of the Civil Act due to the tort committed by the employee.

(b) a partnership;