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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
The reasoning of this court's decision is as follows, except for the part below 'the decision on the claim against Defendant B' in the main sentence of the judgment of the court of first instance '3.'
[Supplementary Use]
3. Judgment on the plaintiff's claim
A. On the grounds that the Defendant is the actual party to the lease agreement, and that the Defendant is jointly and severally liable as the partner of the Dong company, the Plaintiff asserts that the Defendant is the actual party to the lease agreement of this case, since the Defendant concluded a direct contract to own the lease agreement of this case and consumed the lease deposit after receiving it.
In addition, the plaintiff is a partner of the partnership, who was engaged in a joint business such as the lease of the real estate in this case with C and F, and the defendant still held 50% of the shares in the partnership and concluded the lease contract in this case on behalf of the above partnership even until February 1, 2016, which had been the lease contract in this case. If the partnership's obligation is particularly a commercial act for all the union members, it is reasonable to apply Article 57 (1) of the Commercial Act to determine jointly and severally liable for the union members, and even if the above provisions of the Commercial Act are not applied, it constitutes an indivisible obligation under Article 411 of the Civil Act, and the defendant is jointly and severally liable with C
(2) Generally, who is a party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and where the parties to a contract prepare in writing the contents of any contract, which is a disposal document, it shall not be subject to the text used in the document, but it shall be within the depth of