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. Basic facts (1) On July 10, 2013, the Defendant entered into an agreement with the co-defendants of the first instance trial to jointly supply and demand construction works to install a sprinkler on the platform of nine stations outside the Yeongdeungpo Station, which is ordered by the Yeongdeungpo-gu Seoul Metropolitan Government Urban Railroad Corporation, and nine stations, which are ordered by the Seoul Metropolitan Government Urban Railroad Corporation. The Defendant entered into an agreement with the content that the Defendant shall have 40% and the household electricity shall have 60% equity interest in the household electricity, and represent the household electricity supplier.

(2) The Plaintiff supplied piping materials equivalent to KRW 3,820,514 in total on October 30, 2013 at the construction site upon the request of a nuclear power plant, and on September 25, 2013, September 26, 2013, October 5, 2013, and October 30, 2013.

(3) As to the piping materials supplied as above, the Plaintiff issued a tax invoice consisting of the total amount of 1,285,464 as of September 30, 2013, and the total amount of 2,535,050 won as of October 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 4, Gap evidence 3-1 and 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant did construction work in accordance with the joint supply and demand agreement with the original electricity, and since the piping materials supplied by the plaintiff were used at the above construction site, the defendant is jointly and severally liable to pay the price for the goods to the plaintiff.

B. Pipelines materials that the Plaintiff supplied by the Defendant’s assertion are supplied by the original electricity, and the Defendant is irrelevant to this, and the Defendant merely lent the name, and thus, the Plaintiff’s claim cannot be complied with.

3. According to Article 57(1) of the Commercial Act, a joint supply and demand organization with the nature of a partnership under the Civil Act is basically a matter of principle that members shall be jointly and severally liable if the partnership’s obligation is borne by acts of commercial activity for all members (see, e.g., Supreme Court Decision 2011Da97898, Mar. 28, 2013). According to Article 709 of the Civil Act, a joint supply and demand organization with judgment has been determined by a partnership