Where partners jointly and severally liable for the partnership's obligations;

If a partnership's obligation has been borne by an act of commercial activity for all the union members, the partnership's liability shall be determined jointly and severally by applying Article 57 (1) of the Commercial Act to the union members.

Article 712 of the Civil Act, Article 57(1) of the Commercial Act

Supreme Court Decision 76Da2212 delivered on December 14, 1976 (Gong1977,9819), 91Da30705 delivered on November 22, 1991 (Gong1992,272), 92Da30405 delivered on November 27, 1992 (Gong193,257)

Co., Ltd.

Defendant-Appellant Lee Byung-chul, Counsel for defendant-appellant

Seoul Civil District Court Decision 93Na10926 delivered on February 24, 1994

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

1. On the first ground for appeal

According to the reasoning of the judgment below, the court below determined that the non-party 1, as a dump truck borrower (vehicle number omitted), concluded a lease agreement with the non-party 3 and the non-party 4, which the defendant jointly operated with the non-party 4, and that the non-party 1 transferred the rent claim to the plaintiff. In light of the records, the above fact-finding of the court below is justified and there is no error of law of misconception of facts due to the violation of the rules of evidence, such as theory of lawsuit, etc.

2. On the second ground for appeal

If an obligation of a cooperative, which is a Dong business entity, has been borne by an act of commercial activity for all its members, it shall be determined jointly and severally for its obligations by applying Article 57(1) of the Commercial Act (see, e.g., Supreme Court Decision 91Da30705, Nov. 22, 1991). From the same perspective, the lower court’s decision that recognized the Defendant’s joint and several liability for the obligation of the instant rent, which is the obligation arising from the above ○○ integrated commercial activity, as a Dong business entity, is justifiable, and there is no error of law by misunderstanding the legal principles as to

3. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)