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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff supplied the Defendant with oil for cargo and passenger cars by means of credit transaction, and the Defendant paid only KRW 10 million out of the outstanding amount of KRW 42,509,600 until October 30, 2013.
Therefore, the defendant is liable to pay to the plaintiff the remaining oil price of 32,509,600 won and damages for delay.
B. A person who received oil from the plaintiff alleged by the defendant is not the defendant, but the non-party C, the father of the defendant, and the defendant renounced inheritance after C died on June 24, 2015. The defendant is not obligated to pay the oil price or inheritance debt to the plaintiff.
2. Determination
(a) In full view of the statements in Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 5 (including paper numbers), and the purport of the entire pleadings in witness D's testimony, the following facts can be acknowledged:
1) The Plaintiff supplied oil to E through credit transaction method from January 2013 to October 2013, and the amount of oil not paid out of the oil payment until October 2013 is KRW 32,509,600. The Plaintiff received the payment for the oil supplied from July 2013 to November 2013, and the nominal owner of the account that paid the oil payment to the Plaintiff is the Defendant. (ii) The Defendant was F.I., who was 21 years of age in 2013, was enrolled at the university.
The father of the defendant C was unable to open a passbook with bad credit standing, and the employees of E was paid wages from the account in the name of the defendant since 2008.
3) Around 2012, Nonparty G supplied oil to C. At that time, C was operating, and G also filed a lawsuit for claiming the payment of oil price against C. 4) A died on June 24, 2015. The Plaintiff did not claim the payment of oil price to the Defendant before C dies.
5 On September 10, 2015, the Defendant was rendered a revocation trial on inheritance under the Jeonju District Court’s branch court’s branch court’s 2015Hun-Ba240.
(b).