Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserts that the plaintiff is obligated to pay to the plaintiff 48,061,460 won for the goods that the plaintiff supplied or was not paid with frozen fishery products from June 16, 2010 to February 26, 2014 under Article 57 (1) of the Commercial Act (hereinafter "the price for the goods of this case") and damages for delay, since the defendant owned and operated a large number of shares as D and D and its partners registered as the business owner in Suwon-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter "the price for the goods of this case"), and as a result, it is difficult to believe the claim amount for the goods of this case claimed by the plaintiff, and since D was operated independently by its representative, the relationship between the defendant and D is separate from partnership relations under the Civil Act or becomes an undisclosed partnership relationship under the Commercial Act.
2. The judgment-making partnership becomes effective by stipulating that two or more persons carry on a joint business by making a mutual contribution (Article 703 of the Civil Act). An anonymous partnership becomes effective when one of the parties has agreed to make an investment in the other party's business and distribute profits from the other party's business. On the other hand, an internal partnership as a special partnership has a joint business, but is a human-combined entity that does not engage in an external legal act by acting as a partnership. Although an internal partnership is a joint business, a decision-making and distribution of profits and losses are made in the same manner as a partnership under the Civil Act. However, in the case of an internal partnership, the legal principles of a partnership do not apply to external legal relations, such as where the general partner performs a legal act under his/her own name without the need of representing other partners, and the rights and duties thereby belong to the general partner