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(영문) 부산지방법원 2014.08.27 2013가합19314
운송료
Text

1. The Defendant’s KRW 124,526,595 for the Plaintiff and KRW 6% per annum from November 6, 2013 to August 27, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a person operating the “D gas station” in Yangsan C, and the Defendant is a person who carries on transportation business by entering the vehicles indicated in the table below (hereinafter “each of the instant vehicles”) into each company indicated in the following table established by him/her, and E was registered as a joint business proprietor of the “D gas station” from April 7, 2010 to November 7, 2012, and is a person who supplied oil to each of the instant vehicles.

B. E operated “G petroleum” in the position of joint business operators of the “D gas station”, but trading via lending the name of “D gas station” because it is difficult to handle the transit due to the business registration of “G petroleum”. In return, “D gas station” should pay 30% of its net profit.

C. In supplying oil to each of the instant vehicles, E: (a) each of the Defendant’s vehicles kept by “D gas station” except H Trler (hereinafter “IB”); (b) “D gas station’s card payment under the name of “D gas station” was made; and (c) the Plaintiff issued a tax invoice claiming payment of oil unpaid in the name of each of the Defendant’s businesses as indicated below; (d) the Defendant did not pay KRW 124,946,25 (=27,59,030 KRW 32,439,439,480 KRW 32,270,270,621,621,80,780,756,22222).

Track No. 27,59,030 Won J K 27,59,030 on August 2013, 2013, Track No. 32,270,343 Track P Q Q Qb P 25,620,880 Won Hack No. 25,620,880

D. Meanwhile, on August 7, 2014, where the claimant for the oil price for each of the instant vehicles is E, E shall transfer the above oil price claim against the Defendant to the Plaintiff.

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