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(영문) 광주지방법원 2016.09.23 2016가단15582
물품대금
Text

1. As to the Plaintiff KRW 40,810,00 and KRW 34,330,00 among them, the Defendant shall pay to the Plaintiff KRW 6,480,00 from November 29, 2012.

Reasons

1. Facts of recognition;

A. On May 12, 2010, business registration was completed with respect to D gas stations located in Seo-gu, Gwangju (hereinafter “instant gas stations”) in the name of B (Defendant’s denial).

B. The Plaintiff supplied the gas station of this case with a total of KRW 779,735,00 from July 1, 2012 to November 21, 201 of the same year, and supplied the oil equivalent to KRW 6,480,000 on November 28, 201, and received a total of KRW 745,405,000 as the price for each of the above oil.

C. On July 7, 2012, the Defendant written the following content to the Plaintiff.

A unit price of KRW 1.5 won per five won per deposit prior to the date of the agreement on the implementation of oil on credit sales, and a unit price of KRW 5 won per one week per deposit prior to the three-day payment.

D. The Defendant was granted immunity on December 20, 2013 (the Gwangju District Court 2013.226) and did not state the Plaintiff’s claim for oil payment in the list of creditors prepared at the time.

E. B was granted immunity on December 20, 2013 (the Gwangju District Court 2013.227), and the Plaintiff’s claim for oil payment is entered in the list of creditors prepared at the time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. In full view of the facts stated in paragraph (1) 1-1-C, evidence No. 3, and the purport of the whole pleadings, it is reasonable to determine that the Defendant operated the gas station of this case independently or jointly with the Plaintiff, and the Defendant is liable for the payment of oil as the counterpart to the transaction who is supplied with the oil from the Plaintiff (it is not so decided that the Defendant agreed to pay the oil price by preparing the document stated in paragraph (1)-C) to the Plaintiff, and thus, the Defendant is liable for the payment of the oil price in accordance with the agreement.

(2) Accordingly, the Defendant is obligated to pay the oil price of KRW 40,810,00 ( KRW 779,735,000 - KRW 6,480,000 - KRW 745,405,00) and damages for delay thereof, which are not paid to the Plaintiff. According to the facts described in paragraph (3) of this Article, the Defendant is obligated to pay the price.

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