1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a person engaged in the business of installing telecommunications equipment and communications equipment with the trade name of “C”.

The defendant is a person who jointly operates E ships owned by D (24 tons of fishing vessels, hereinafter referred to as “instant ships”) and operated D with D.

B. On September 2014, the Plaintiff received a request from the Defendant and D (hereinafter “Defendant, etc.”) to repair the electricity of the hull of the instant vessel that the Defendant, etc. jointly operated as his/her business (hereinafter “instant repair”). Around September 2014, the Plaintiff claimed KRW 26,150,000 for the instant repair cost to the Defendant, etc.

C. On December 12, 2016, the Plaintiff received 13,000,000 won, part of the instant repair payment from D, which was not paid the instant repair payment from the Defendant, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The defendant's judgment as to this safety defense is based on the following facts: the defendant and D are in a partnership under the Civil Act, and the lawsuit as to the partnership-owned property is an essential co-litigation, and the lawsuit as to the partnership-owned property is asserted to be unlawful. Thus, the lawsuit of this case against the defendant and D is alleged to be unlawful. Thus, the creditor of the union, not to hold joint liability with the union's property for the union members, but to exercise the pertinent claim based on the personal responsibility of each union member, may file a lawsuit for performance against each union member (see, e.g., Supreme Court Decision 91Da30705, Nov. 22, 191). The plaintiff is not liable for joint liability with the union property of the defendant et al. in the lawsuit of this case, but exercises the repair price claim based on the defendant's personal responsibility as a union member. The defendant's

3. If the judgment on the cause of the claim is to be borne by the act which has been engaged in a commercial activity for all members, the obligation shall be borne.