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The judgment below
Among them, the part against the designated parties A shall be reversed, and this part of the case shall be remanded to the Busan District Court.
Reasons
The grounds of appeal are examined.
1. The court below on the part of the defendant (designated party, hereinafter "the defendant") shall interpret that the defendant accepted the obligation to pay the goods of this case against the plaintiff of the previous operator C of the restaurant of this case, and that the obligation to pay the goods of this case is stated in the assumption of the obligation of this case, but it is reasonable to interpret that the former operator C is jointly liable to pay the goods of this case to the plaintiff, and it is not sufficient to recognize that the defendant's obligation to pay the plaintiff was not nonexistent or extinguished solely with the above description, and that there is no other evidence to acknowledge it.
In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the interpretation of a disposition document or the assumption of an obligation, contrary to what is alleged in the grounds of appeal.
2. The part concerning the selected person A
A. The partnership agreement under the Civil Act is a contract under which two or more persons mutually invest to jointly operate a business (Article 703 of the Civil Act), and it can be deemed that the partnership agreement is limited to the agreement that jointly runs a specific business, and thus, it cannot be deemed that the purpose of achieving a common purpose meets the requirements for establishment of the partnership.
(see, e.g., Supreme Court Decision 2011Da80005, Aug. 17, 2012). (B)
The court below acknowledged that the defendant's wife A (hereinafter "designated person") merely lent the defendant's business registration and deposit account to the restaurant operation business of this case, and played a leading role in the operation and fund management of the restaurant of this case. The relation between the defendant and the selected person constitutes a partnership under the Civil Act operating the restaurant of this case as a partnership business, and the defendant is the administrator of the association of this case.