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(영문) 서울중앙지방법원 2015.08.27 2014가단239998
물품대금
Text

1. The defendant shall pay 24,020,000 won to the plaintiff and 20% per annum from December 6, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the wholesale and retail business, and the Defendant is a company that operates a gas station in Incheon City B.

B. On July 19, 2014, the Plaintiff was requested by the Defendant to supply 40,000 liters via oil oil to the Defendant’s oil station, and the two oil tanks loaded with each oil tank with 20,000 liters of the above light oil are provided five oil tanks, and 4,000 liters are loaded at each oil station.

The defendant sent his gas station to the defendant.

C. At around 14:50 on July 19, 2014, the two oil tanks began to supply light oil, which arrive at the Defendant’s gas station and was loaded into the underground storage tank in the oil station. Among them, light oil 20,000 liters, which was loaded into one oil tank (D driving; hereinafter “oil tank 1”) was supplied normally, while light oil loaded into the remainder of the oil tank (E driving; hereinafter “oil tank 2”) was supplied as the underground storage tank in the oil station.

As a result of the supply of a quantity less than 20,00 literss, F, the father of the defendant representative director, who was in a body of supply at the defendant's oil station, knew that the supply was insufficient to E, who was the driver of the defendant representative director, who was in a body of supply at the defendant's oil station, and as a result, G, an employee of the defendant's oil station, confirmed that part of the loaded light oil remains in a oil hold.

E. As such, E, a driver of the oil tank 2, demanded that the F sign his name on the shipment slip in order to obtain confirmation of the supply only with respect to the light oil entered as the underground storage tank of the Defendant’s oil station, except for the transit remaining in the tank 2 of the oil tank.

F. However, F alleged that only a part of the transit supplied from oil tank 2 cannot be signed on the shipment slips, and E argues that it is partly supplied by acquiring F.

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