약정금 등
1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.
The Defendants shall be jointly and severally.
Basic Facts
The reasoning for this part of this Court is as follows: (a) each of the reasons for this Court’s reasoning is the same as the corresponding part of the reasoning of the judgment of the first instance, except where each of the “Defendant Dorbia” is deemed to be “Co-Defendant Dorbia of the first instance trial,” and thus, it is acceptable in accordance with the main sentence of Article
The Defendants, the Plaintiff’s assertion and determination, at the time of the instant agreement, agreed to pay 70% of the agreed damages for the Plaintiff’s construction materials that were lost due to the instant accident to the Plaintiff. Since the instant agreement is an act of commercial activity to the Defendants, the Defendants, pursuant to Article 57(1) of the Commercial Act, are jointly and severally liable to pay the Plaintiff 14,859,280 won, subtracting the amount of KRW 50,000,000, which is the partial repayment, from the amount of KRW 194,859,280, 280, and damages for delay.
Judgment
A joint supply and demand company in the way of joint performance has the nature of a partnership under the Civil Act. A partnership's obligation is a partner's obligation and, barring special circumstances, a partnership creditor may exercise his/her right at the ratio of shares or at a uniform level against each partner. However, if a partnership's obligation is borne by an act which is a commercial activity for all partners, it is reasonable to authorize joint and several liability of
(see, e.g., Supreme Court Decision 2012Da25432, Mar. 26, 2015). The Defendants concluded a contract for a joint supply and demand agreement with the head of Dongjak-gu Office on May 29, 2013 at the time of the joint supply and demand of the instant construction works from the Dongjak-gu Office, with the share of the Defendant at 51%, and with the share of the Defendant at 49%.
Meanwhile, in the process of the Defendants’ joint construction of the instant construction, the part of the reinforced concrete construction in the first instance co-defendant Doza (hereinafter referred to as “Domba”).