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Reasons
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(영문) 수원지방법원 2015.05.28 2014가단48947
물품대금
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From May 31, 2004, the Plaintiff has been operating a gas station with the trade name of “D gas station”, which had its place of business in the Ssung City from May 31, 2004.

B. E Construction. Aggregate Co., Ltd. (hereinafter “EF”) had its head office in the F in terms of harmony, and was established around December 1, 2004 as a company mainly engaged in earth and sand construction business. The Defendant has been in office as a director of the non-party company from July 2013.

C. From May 1, 201, the Plaintiff engaged in oil supply transactions with the non-party company in the manner of receiving oil payment from the end of each month after the Plaintiff limited the transit to the subsidiaries owned by the company.

On May 10, 2013, the Defendant: (a) registered an individual entrepreneur with the trade name “H” in Gyeyang-gu, Incheon; (b) operated construction machinery rental business; and (c) completed transfer of ownership on May 28, 2013 with respect to the first dump truck truck (hereinafter “Defendant-owned vehicle”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) The Plaintiff, as a direct transaction party, was liable for the Plaintiff’s direct transactional party from January 1, 2014 to July 19, 2014, provided transit, etc. to the Defendant, but 25,903,424 won of the oil price (hereinafter “instant oil price”).

(2) The Defendant requested the Plaintiff to issue a tax invoice with respect to the oil price of this case to the Plaintiff on December 2013, even if the Defendant was not a direct party to the oil supply transaction, and paid a part of the amount directly to the Plaintiff. In full view of these facts, the Defendant is liable for the oil price of this case to the non-party company, which occurred during the above period.

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