1. The instant lawsuit shall be dismissed.

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

Basic Facts

(tentative) A regional housing association promotion committee (hereinafter referred to as “instant promotion committee”) was established to promote a project to build apartment houses and neighborhood living facilities in the Gunsan City C, and around 2016, the Defendant entered into a fund management agency contract with the Defendant to “the fund related to the said project by opening an account under the name of the Defendant and to receive, manage, operate, and execute the said fund.”

On June 2016, the Plaintiff entered into a contract for the production and supply of banners necessary for the promotion of the project of the regional housing association (hereinafter “instant banner supply contract”), and received KRW 15,000,000 in advance payment on June 21, 2016, and supplied KRW 8,000 from around that time to August 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and the result of the order to submit documents to the defendant by this court, the plaintiff's assertion of the purport of the whole argument constitutes a partnership under the Civil Act, and the plaintiff's claim for the price of goods against the promotion of this case is a claim arising from commercial transactions.

Therefore, all members of the promotion committee of this case are jointly and severally liable to pay to the Plaintiff KRW 117,00,000,000, not paid by the promotion committee of this case.

However, since the defendant is only keeping and executing funds for promotion within the scope delegated by the promotion team of this case, the funds deposited in the account in the name of the defendant and managed by the defendant constitute joint ownership of all members of the promotion team of this case.

On the other hand, the repayment of partnership debts constitutes disposal or change of partnership property, which is subject to the exercise of creditor's subrogation right.

The promotion of this case constitutes insolvent because there is no other property than the money deposited in the account under the name of the defendant.

Therefore, the Plaintiff is entitled to seek joint and several liability for all members of the instant case.