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Reasons
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(영문) 창원지방법원 2020.09.03 2019나59797
유류대금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is an individual entrepreneur who operates a gas station in the name of “D gas station in Changwon-si, Changwon-si,” and the Defendant is an individual entrepreneur who engages in construction machinery rental and construction business under the trade name of “H” in Changwon-si, Changwon E (F buildingG).

B. The Plaintiff supplied the Defendant with oil equivalent to the sum of KRW 12,426,112 as indicated below (in sequence, “oil supply” hereinafter) in accordance with the “oil supply contract concluded verbally with the Defendant,” and the Defendant paid only the sum of KRW 3 and 4 oil supply price to the Plaintiff.

C. Therefore, the defendant shall pay to the plaintiff the price of KRW 5,303,714 as well as the delay damages for the oil supply.

Serial 1 2018-12-31 2,231,378 2019-01-31,072,336 2,303,714 32019-28 2,49-28,491,5824 2019-03-20 4,630,630,8162 in total 7,122,398 (2), total 12,426,12

2. Determination

A. The following facts or circumstances are recognized in accordance with the respective descriptions of evidence of Nos. 2 through 5 and the purport of the entire pleadings, either under dispute between the parties or under dispute between the parties:

1) The Plaintiff, Inc. I (hereinafter “I”)

(J) the Defendant’s vehicle (hereinafter referred to as “Defendant’s vehicle”);

A) Around December 2018, the Defendant supplied 2,231,378 won oil, etc. (the supply of oil to 1), the supply of 3,072,336 won oil, etc. (the supply of oil to 2,491,582) around January 2019, and the supply of 2,491,582 won oil, etc. (the supply of oil to 3 oil) around February 2019 (the supply of oil) around December 2018 and around January 2019, the Defendant received from I the amount of deduction of the oil price, the oil payment, and the oil payment, etc. from each of the above earnings with respect to the profits using the Defendant’s rolling stock and the profits from January 2019.

3. On May 17, 2019, I filed a petition for bankruptcy with the Changwon District Court 2019Hau10030, and was declared bankrupt on June 11, 2019.

(b) A vehicle incorporated in the company shall externally belong to the company the ownership or management right of the vehicle.

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