A. C fisheries partnership is a fisheries partnership established on April 26, 2012 pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) for the purpose of fishery management and incidental business thereof, the establishment and operation of common facilities related to fisheries, the joint distribution of fishery products, the processing and export of fishery products, etc.

B. D on the registry of the non-party corporation is registered as a director and a representative director, a selected person E, F, and G as a director, and the defendant as an auditor, respectively.

C. At the request of D, the representative director of the non-party corporation, the Plaintiff supplied the non-party corporation a total of KRW 53,657,00,00 for feed, medicine, etc. necessary for aquaculture.

On June 27, 2013, the plaintiff filed a lawsuit against the non-party corporation and D seeking the payment of the above goods (Seoul District Court Decision 2013Da6210). The plaintiff was sentenced to the plaintiff's winning judgment based on the non-party pleading.

The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The parties asserted 1) The non-party corporation is obligated to pay 53,657,00 won for the goods to the Plaintiff. Since the Defendant and the designated parties are members of the non-party corporation, the non-party corporation is obligated to jointly and severally pay the above goods payment obligation that the non-party corporation owes to the Plaintiff due to commercial activities. 2) The Defendant’s claim for the above goods payment obligation is the non-party corporation’s obligation, and thus, the claim against

Even if a partner of the non-party corporation is liable for the debt of the non-party corporation, the non-party corporation independently invested in full D and operated it, the defendant and the designated parties only lent only the name of the member in form, and did not participate in the investment or operation of the non-party corporation or received dividends, and the plaintiff also traded with D with the knowledge of such circumstances.