beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. As to the cause of claim
A. The Plaintiff’s assertion 1) The Defendants, as joint business operators, were supplied with paints, etc. equivalent to KRW 10,169,500, which amount to KRW 10,500, and thus, are obligated to pay to the Plaintiff 10,169,500 as well as damages for delay. (2) Defendant C and B were jointly registered as business from September 2013, but the goods were supplied by the Plaintiff while running the Defendant B’s sole business, and Defendant B and then transferred all bonds and obligations to the Defendant B while withdrawing from joint business operators. Therefore, Defendant B is liable.
B. As of August 10, 200, the Plaintiff engaged in wholesale and apparatus retail business with the trade name “D”, and the Defendants jointly engaged in automobile maintenance business with the trade name “E” from September 16, 2013. (2) The Plaintiff supplied the Defendants with paints, etc. equivalent to KRW 10,169,50 by February 8, 2014, and the Defendants issued the electronic electronic tax invoices of KRW 5,357,000 as of October 31, 2013, and the electronic tax invoices of KRW 5,119,40 as of November 30, 2013, respectively.
3) On June 26, 2014, Defendant C reported the withdrawal of joint business operators at the competent district tax office on June 26, 2014.
C. 1) An association creditor is merely entitled to claim repayment in proportion to the share of each union member, unless there are special circumstances as a member’s obligation. However, if an association’s obligation is particularly borne by an act of commercial activity for all the union members, it is reasonable to jointly and severally liable for such obligation by applying Article 57(1) of the Commercial Act to the union members (see, e.g., Supreme Court Decision 92Da30405, Nov. 27, 1992). 2) The Defendants are jointly and severally liable for the obligation to pay royalties arising from the act of commercial activity in which the Defendants engaged in a car maintenance business and thereby, the Defendants are jointly and severally liable to the Plaintiff 10,169.