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1. The defendant,
A. The Plaintiff A’s KRW 57,090,00 and its related KRW 55% per annum from November 1, 2015 to April 27, 2018.
Reasons
1. Basic facts
A. On May 2013, the above four persons, including Defendant D (Additional Relations), E, and F (Additional Relations), entered into a partnership agreement with the Defendant to jointly carry out the construction and lease business of the multi-family house on the ground of three parcels, other than Sung-nam-si G (hereinafter “Hdong construction”). From February 2014 to June 2014, the said construction was carried out by entering into a partnership agreement with the Defendant to jointly carry out the construction and lease business of the multi-family house on the ground of three parcels, other than Sung-nam-gu Seoul Special Metropolitan City (hereinafter “Hdong construction”).
B. On February 1, 2014, Plaintiff A entered into a contract for the construction cost of KRW 268,290,000 with respect to “a structural mold construction” among the Hdong construction works, with respect to KRW 226,80,000 for construction cost as to “a steel reinforced concrete construction work” among the J construction works, and the contract for the construction cost of KRW 52,000,000 for “a wood mold construction work” among the I construction works, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Each of the plaintiffs' arguments was practically led by the defendant in accordance with the business agreements of the defendant, D, E, and F. Since the defendant delegated all of the affairs such as the selection of the construction company, the management of funds, and the disbursement of construction costs to E, the plaintiffs were to enter into a contract for the supply of goods with E (Plaintiff A) or the goods (Plaintiff B).
Therefore, Defendant, D, E, and F bear the following obligations under the above business agreement with the Plaintiffs, such as construction cost, goods price, and damages for each of the instant construction works. This is a partnership obligation arising out of commercial activities, and the Defendant is jointly and severally liable with the rest of the members pursuant to Article 57(1) of the Commercial Act. Thus, the Plaintiff is a member of the above business agreement.