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1.The judgment of the first instance, including a claim for exchange change in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. The Plaintiff operates a J gas station that sells oil at his domicile. The Defendants are constructors, and the Plaintiff entered into a contract for continuous supply of oil to the Defendants (hereinafter “instant oil supply contract”) around 2009, and supplied oil to the Defendants by May 2012 under the said contract.
B. The Plaintiff claimed the amount of oil supply under the above contract to the Defendants, and the portion of the amount of oil supply claimed as such, which the Defendants did not pay to the Plaintiff, is KRW 30 million in May 201, KRW 66,334,455 in April 201, KRW 66,971,546 in May 201, and KRW 66,971,546 in May 201.
C. On January 31, 2013, the Plaintiff was sentenced to a fine of KRW 5 million for a crime of violating the Petroleum and Petroleum Substitute Fuel Business Act, which manufactured and sold approximately KRW 1800 liters of fake petroleum products at the market price by mixing them with light oil with Defendant B on May 24, 2012. The said judgment became final and conclusive on February 8, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3, 4, and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) The Defendants, in fact, bear the obligation to pay the oil price under the instant oil supply contract as a single company run by F. As such, the Defendants jointly and severally liable to pay to the Plaintiff KRW 133,306,001, totaling KRW 66,334,455 won for April 201 and KRW 66,971,546 for May 2012. In addition, the Plaintiff entered into a quasi-loan agreement to convert the oil price of KRW 30 million from May 201 with Defendant B to the loan claim.
3. Accordingly, Defendant B’s total sum of KRW 133,306,00 and KRW 163,306,000 and KRW 30,000,000 for the aforementioned unpaid oil, and damages for delay thereof, is the amount of the said money jointly and severally with Defendant C, D, and E.