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1. The Defendant’s KRW 249,48,442 as well as the Plaintiff’s KRW 6% per annum from November 26, 2018 to June 24, 2019, and the following.
Reasons
According to the purport of each statement from Gap evidence Nos. 1 to 8 (including each number), the plaintiff entered into an oral transit supply contract with the defendant and supplied transit equivalent to the total amount of KRW 281,921,966 to November 22, 2018. The defendant paid KRW 16,536,955 to the plaintiff on October 12, 2018. The defendant paid KRW 15,896,569 won to the plaintiff on behalf of the defendant on March 20, 2019, and it is recognized that C paid KRW 32,43,524 won to the plaintiff on behalf of the defendant on March 20, 2019. The plaintiff appropriated the total amount of KRW 32,43,524 as above.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid transit price of KRW 249,48,442 (=281,921,966) - 16,536,955 won - 15,896,569), and statutory interest or delay damages after the date of supply thereof.
Although the defendant asserts that the plaintiff applied for an excessive amount of light oil by deceiving the amount of light oil, it is not enough to recognize it only by the statement of the evidence No. 1, and there is no other evidence to acknowledge it.
Rather, according to the evidence as seen earlier, the Plaintiff prepared and delivered a transaction list stating specific items and quantity to the Defendant whenever it supplies via the Defendant, and received the signature of the Defendant’s transferee on the transaction list. The Plaintiff combined the transaction list each month and sent it to the Defendant’s employees, received confirmation, and issued a tax invoice accordingly. On October 2, 2018, the Plaintiff’s employees D demanded payment of via the Defendant’s currency with the Defendant’s employees. At the time, the Defendant’s employees did not raise any question, such as the Plaintiff’s demand for excessive payment of transit price, and the Defendant’s employees did not reply to the scheduled payment of transit price. However, it is recognized that the Defendant’s demand for payment of transit price was confirmed.
Therefore, the defendant shall pay to the plaintiff KRW 249,48,442 and this.