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1. The Defendant shall pay to the Plaintiff KRW 45,50,000 and the interest rate of KRW 15% per annum from January 7, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 13, 2015, the Defendant entered into a partnership agreement with C and D, and operated the sports center (hereinafter “instant sports center”) with the trade name “F” from the 2nd floor of Ansan-gu, Ansan-si.
B. Around May 6, 2015, the Plaintiff contracted for interior interior interior interior interior of the instant sports center from June 2015 to September 2015, and completed construction work equivalent to KRW 142,80,000 for construction cost.
C. After that, the Plaintiff’s payment of part of the construction price as above by C remains without paying the construction price of KRW 45,500,000 as of July 22, 2016.
[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 6, the purport of the whole pleadings
2. Determination
A. In the absence of special circumstances, a partnership creditor is only entitled to claim reimbursement according to the ratio of shares to each partner or equally. However, in the event the partnership debt is particularly borne by an act of commercial activity for all partners, it is reasonable to determine jointly and severally liable for partners by applying Article 57(1) of the Commercial Act.
(See Supreme Court Decision 97Da6919 delivered on March 13, 1998, etc.). B.
According to the above facts, the defendant, C, etc. were in a partnership relationship for the joint operation of the sports center of this case, and the obligation for the construction cost incurred by C, etc. for the operation of the sports center of this case, by causing C, to the plaintiff for the operation of the sports center of this case shall be deemed to have been borne by the act of commercial activity for all of the union members. Thus, Article 57 (1) of the Commercial Act applies to the obligation for the construction cost, and the defendant, C, and D, who are union members, shall be jointly and severally liable.
C. On January 7, 2016, the Defendant reversed a partnership agreement with C, etc., and thereafter agreed C, to assume the Defendant liable for the above construction cost, and thus, the said construction cost should be paid.