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. Basic facts

A. The Plaintiff is a company engaged in the manufacturing of tent materials, the construction of metal structure, etc.

B. From around February 2015 to February 2016, Defendant and B entered into a business agreement with the purport that the Defendant bears construction costs on the land in Ulsan-gu, Ulsan-gu, Seoul-gu, and that B will build a studio building (hereinafter “instant building”) by entrusting the construction work, and completed the instant construction work until February 2016.

C. On December 2015, between B and B, the Plaintiff entered into a subcontract for construction works (hereinafter “instant contract”) with the following content: (a) the Plaintiff’s performance of the tent construction work for the instant building parking lot (hereinafter “instant construction work”).

A(B) Subcontract : The payment of the purchase price of KRW 3,982,00 (Value 3,620,000 value-added tax of KRW 362,00): 1,00,000 ( value-added tax of KRW 3,620,000): The remainder of KRW 1,00,000 (No. 14, 2016) on April 30, 2016.

The Plaintiff performed the instant construction from the end of December 2015 to January 2016, and B remitted KRW 1 million as part of the construction price to the Plaintiff under the name of the Defendant on December 14, 2015.

[Ground of recognition] Facts without dispute, entry and video of Gap's evidence 1 to 4 and 6 (including branch numbers in case of provisional evidence) and the purport of the whole pleadings

2. If an association’s obligation to determine the cause of the claim is to be borne by the act of commercial activity for all the union members, the joint and several liability of the Defendants, who are union members, shall be determined by applying Article 57(1) of the Commercial Act.

(See Supreme Court Decision 97Da6919 delivered on March 13, 1998, etc.). However, at the time when the Plaintiff concluded the instant contract with B and agreed to perform the instant construction work, the Defendant was in a partnership relationship with B, and the Defendant agreed to perform the construction work while entering into the partnership agreement with B, as seen earlier, that B and the construction cost shall be borne by the Defendant.

3.2