A. The Defendants, as married couple, agreed to operate the instant restaurant with the trade name “F” on the first floor of the building located in the Nam-gu Incheon Metropolitan City E-gu (hereinafter “instant restaurant”) and 50% of the profits between the Defendants and 50% of the revenues, by bearing the facility investment cost between C and C (hereinafter “C”), and bearing the security deposit, premium, and portrait quantity (such as food materials, office fixtures, etc.) of the instant store.

B. Around July 2014, the Plaintiff entered into a contract with C for the installation of a cafeteria and the collection of expenses (hereinafter “instant construction contract”) and completed the construction work on August 2, 2014.

C. On July 16, 2014, the Defendants, a couple, filed a report on general restaurant business with Defendant A’s representative, and operated the instant restaurant from around August 2014.

[Ground of recognition] The entry of Gap evidence No. 4, Gap evidence No. 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion Defendants and C jointly operated the instant restaurant. The instant construction contract constitutes commercial activities for operating the instant restaurant, and thus, the Defendants are jointly and severally liable to pay the Plaintiff the construction cost of KRW 50,589,000 according to the instant construction contract.

B. Defendant A’s assertion is merely a representative under the name of the Defendants, and Defendant B and C are not a partnership business relationship, but a chain store and head office relationship, and the instant construction contract was concluded between the Plaintiff and C, so the Defendants are not obligated to pay the construction cost.

3. Comprehensively taking account of the overall purport of the arguments in the testimony of the witness G, the Defendants and C have retired from the operation of the instant restaurant from August 2014 to September 2014, and the Defendants retired from the operation of the instant restaurant and operated the instant restaurant at the instant restaurant. The Defendants and D operated the instant restaurant at the instant restaurant. The degree of the progress of the construction at the time of the Plaintiff’s progress.