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1. The Defendant’s KRW 26,070,100 for the Plaintiff and KRW 20% per annum from May 8, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. The Defendant is the representative director of C Co., Ltd., and the business registration titleholder of C, “C”.
B. The Plaintiff supplied oil to 12 dump trucks operated by the Defendant (hereinafter “dump trucks of this case”) between D and D, and D agreed to pay the said fuel price to the Plaintiff. By August 2014, the Plaintiff supplied oil to the instant dump trucks.
C. D around August 2014, the Plaintiff requested that the Plaintiff suspend the oil supply of the instant dump truck. D.
The Defendant sought the Plaintiff from the end of August 2014 to the beginning of September 2014, and requested that the Plaintiff supply oil to the instant dump truck.
Accordingly, from September 2, 2014 to October 31, 2014, the Plaintiff supplied an oil equivalent to KRW 26,070,100 in total to the instant dump truck (hereinafter “instant oil supply”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8, 9, 11, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that since the plaintiff entered into an oil supply contract with the defendant and provided the oil supply of this case, the defendant is obligated to pay the above oil price of KRW 26,070,100 to the plaintiff.
The defendant asserts that the parties who concluded the oil supply contract with the plaintiff are not C Co., Ltd.
B. In full view of the following circumstances acknowledged as a result of the Defendant’s examination, it is reasonable to conclude that the party who entered into an oil supply contract with the Plaintiff and received the oil supply of this case is the Defendant, in full view of the overall purport of the arguments in the statement Nos. 6, 12, and 15.
① The Defendant sought the supply of oil by finding the Plaintiff, and the Plaintiff provided the instant oil supply.
② The Plaintiff entered into an oil supply contract with C.