(영문) 수원지방법원 2017.02.09 2016가단35198

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(영문) 수원지방법원 2017.02.09 2016가단35198

유류대금

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1. The Defendant’s KRW 38,420,00 and the Plaintiff’s annual rate of KRW 6% from September 20, 2016 to February 9, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff asserts that since the Plaintiff supplied oil to the Defendant since 2011, the oil price that was not paid is KRW 40 million, the Plaintiff should be paid.

B. The defendant asserts that he was not aware of the plaintiff, and the plaintiff was engaged in a transaction with C, the husband of the defendant, and there is no responsibility for the defendant.

2. Determination

A. Comprehensively taking into account the following circumstances, which are acknowledged as comprehensively taking into account the overall purport of the pleadings as to Gap evidence Nos. 1, 3, and 4 (including the number of branch numbers), namely, the defendant entered himself/herself as the debtor, when entering into a contract with the plaintiff on January 2, 2014, which set up the right to collateral security of the maximum debt amount of KRW 4,00,000,000,000,000 with respect to the land size of KRW 991 square meters, the defendant, who supplied to the plaintiff on January 2, 2014; ② the oil supplied by the plaintiff is related to the land development work owned by the defendant; ② the actual beneficiary is also the defendant; ③ although the plaintiff was the husband of the defendant; but the above C was the husband of the defendant, but only dealt with the defendant’s land development work on behalf of the defendant

Therefore, the defendant shall pay the remaining amount to the plaintiff.

B. Furthermore, we examine the oil price to be paid by the defendant.

In full view of the purport of the argument in Gap evidence No. 2, the defendant can be found to have not paid 38,420,000 won of oil up to now.

[Plaintiff asserts that the unpaid oil price is KRW 40 million, but according to the credit card (Evidence A2), it can be confirmed that the unpaid oil price is KRW 38,420,000,000,000,000,000,000,000,000 won (Evidence A) is insufficient to recognize that the unpaid oil price is KRW 40,000,000,000,000,000,000 won, and there is no other evidence to acknowledge otherwise).

Therefore, it is true.

유사 판례

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