A. The Plaintiff runs a retail business of grain, such as rice and miscellaneous rice, with the trade name of “D”.

B. Defendant B operated “F” in Seocho-gu Seoul, Seoul, and Defendant C, as Defendant B’s husband, was in charge of manufacturing rice tea in the above ricehouse.

C. The Plaintiff continued to supply rice to Defendant B, and around March 2012, the amount receivable between Defendant B and the Plaintiff was set at KRW 40,000,000, and Defendant B decided to pay KRW 40,000,000, whichever was unpaid, out of the amount of rice purchase until October 31, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 to 18, Gap evidence 5-1 to 19, Gap evidence 6 and 7, and the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff 40,000,000 won of rice purchase and the amount equivalent to 6% per annum as stipulated by the Commercial Act from November 1, 2012 to December 10, 2014, which is the day following the due date for payment, to December 10, 2014, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. The Plaintiff’s assertion 1) The Plaintiff’s claim against Defendant C was jointly operated with Defendant C, and thus, Defendant C is jointly and severally liable for payment of the Defendant B’s debt incurred for F operation. 2) In light of the foregoing evidence, Defendant C is in charge of manufacturing rice specialization in F operated by Defendant B, and Defendant B is in charge of manufacturing rice specialization in F operated by Defendant C, and Defendant B is in charge of concluding a goods supply contract with the name of its representative as the operator.

However, the partnership between the above Defendants is a kind of special association distinct from the partnership under the Civil Act, and a joint business is carried out, but the external legal act is not carried out by the partnership agency.