1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On October 27, 2016, the Plaintiff asserted that he/she agreed with C, a joint equity share holder, to transfer all rights, such as D medical care center’s operating rights, to the Defendant to KRW 13 million, and paid the said transfer proceeds by February 15, 2017, but did not pay the remainder of the transfer proceeds to C, and thus, the Defendant is liable to pay the Plaintiff KRW 65 million and damages for delay.

2. Determination under the Civil Act is a contract under which two or more persons mutually invest and jointly operate a business. As a partnership property belongs to a partnership property, a lawsuit on a claim belonging to partnership property constitutes an essential co-litigation instituted jointly by partners, barring any special circumstance (see, e.g., Supreme Court Decision 2012Da4471, Nov. 29, 2012). Article 271(1) of the Civil Act provides that “if several persons own an article as a partnership, it shall be the partnership property.” Article 278 of the Civil Act provides that the above provision shall apply mutatis mutandis to property rights other than ownership, and Article 704 of the Civil Act provides that “The contribution or other property of partnership shall be the partnership property of partnership members.”

In light of the above legal principles and legal provisions, a partnership agreement between the plaintiff and C to operate or transfer the D Medical Care Center jointly with each other and distribute profits therefrom constitutes a partnership agreement under the Civil Act. Since monetary payment claims based on the above agreement of transfer of management rights have been acquired with the amount invested by the union members under the partnership agreement between the plaintiff and C, it is naturally established as partnership property pursuant to Articles 271(1), 278, and 704 of the Civil Act, and it shall be deemed that the plaintiff and C are quasi-joint with each other.

Therefore, the plaintiff alone belongs to the partnership property against the defendant.