1. Of the parts against the principal lawsuit of the judgment of the court of first instance, the following payments shall exceed the money to be ordered:

1. Basic facts

A. The party-related Plaintiff is the nominal owner on the business registration certificate of the “D gas station” as a petroleum retail business operator in Scheon-si, and H, the Plaintiff’s wife, along with the Plaintiff, substantially operates the said D gas station.

The Plaintiff and H were convicted of committing an offense, such as selling fake petroleum products, in collusion, from December 30, 2014 to January 20, 2015, when jointly operating a D gas station.

On the other hand, the defendant is a corporation that runs aggregate wholesale and retail business, aggregate transport business, etc. in Socheon City E.

B. Around July 2012, the Plaintiff entered into an oil supply contract and the Plaintiff’s oil supply contract with the Defendant, entered into an agreement with the Defendant on the supply of oil to mid-term and equipment, etc. put into with the Defendant’s construction site located in Macheon-si, and supplied all of the Defendant with oil equivalent to KRW 373,64,149 via ten times until April 2013.

C. At the time of concluding a oil supply contract with the Defendant, the Plaintiff agreed to pay the oil price by the end of the following month after settling the end of each month. Accordingly, the amount of oil payment that the Defendant paid from July 2012 to May 2013 to the Plaintiff is KRW 231,535,242, totaling KRW 142,108,907 (=373,644,149 - 231,535,242).

On the other hand, on October 21, 2013, the Plaintiff received 80,000,000 won out of the above oil payment from the Defendant’s original construction corporation, the debtor, from the bank account number F, and the oil payment that has not been paid up to now is KRW 62,108,907 (=142,108,907 - 80,000,000).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 25, Eul evidence 1, 7 through 9, and 19 (including each branch number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition of the occurrence of oil payment obligation, the defendant shall not be paid to the plaintiff unless there are special circumstances.