1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The plaintiff alleged that the plaintiff supplied various foodstuffs to the defendant who operates the "C", but did not receive 6,133,648 won out of the food price, and that the defendant sought payment of 66,133,648 won and damages for delay thereof against the defendant, the defendant operated the "C" as E and E, and as a result, upon the death of E succeeded to the status of the network E, the plaintiff's lawsuit against the defendant is erroneous. Thus, the plaintiff's lawsuit against the defendant is brought against all the members of the association, which is the creditor of the defendant and F, based on the business relationship with the defendant and F. The lawsuit against the defendant was brought against the defendant, and the lawsuit against the defendant was brought against the plaintiff as a defense of the main claim to the effect that it is unlawful, and the creditor of the union did not ask the members of the association for joint liability with respect to the union's property, but if the plaintiff exercises personal liability with respect to each member, the lawsuit against the defendant's own partner can be brought against each member of the association (see, e.g., Supreme Court Decision 1997Da1097.

2. The summary of the party's assertion is that the plaintiff supplied various foodstuffs to the defendant who operates the "C" and did not receive KRW 66,133,648 out of the food price, and the defendant is obligated to pay the plaintiff 66,13,648 won and damages for delay. Accordingly, even if the defendant is unable to recognize the payment of the unpaid foodstuffs, or even if it is recognized that the payment of the unpaid foodstuffs is the amount of the plaintiff's assertion, the "C" operated as a partnership with the defendant and E, and the defendant and E have died recently.