2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is a company that supplies food materials, and the Defendant is a person who has completed joint business registration in order to operate a general restaurant (hereinafter “instant restaurant”) in the name of “C” with co-defendant B of the first instance trial.

B. The Plaintiff entered into a contract with the co-Defendant B of the first instance trial, which was responsible for the operation of the instant restaurant, to supply food materials with the instant restaurant as its place of business. From August 2012, the Plaintiff supplied food materials to the instant restaurant from around August 2012, and the price for the goods that had not been paid up to the present date reaches KRW 2,93,060.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant appears to have registered the instant restaurant as joint business proprietor with the intent to jointly operate the restaurant of this case with the co-defendant B of the first instance trial and distribute profits derived therefrom. Thus, this constitutes a partnership under the Civil Act.

In addition, in performing external legal acts in a partnership under the Civil Act, all partners shall jointly act, or select and operate a general partner. Thus, the partnership obligations arising from the instant goods transaction conducted by the co-defendant B of the first instance court, who was authorized to perform the duties of the partnership, shall be reverted to all partners jointly and severally.

In addition, barring any special circumstance, a partnership creditor may claim reimbursement to each partner in proportion to the share of the partnership or in equal shares. However, if the partnership debt, such as the goods price debt, becomes liable for the act of commercial activity for all union members, it is reasonable to apply Article 57(1) of the Commercial Act to determine jointly and severally liable for such debt by applying Article 57

Accordingly, the defendant is jointly and severally with the co-defendants of the first instance court, and the 2,933,060 won for the goods of this case and the objection thereto.