1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance is the same as that of "1. Basic Facts", and thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As of February 28, 2014, the Plaintiff asserted that the Plaintiff loaned KRW 467,500,000 to C and received a partial repayment, the Plaintiff had a principal of KRW 396,303,830 and interest KRW 172,377,947.

However, the Defendant and C operated the instant business as a partnership, and C borrowed the above money as a commercial activity for the instant business from the Plaintiff.

Therefore, pursuant to Article 57(1) of the Commercial Act, the defendant is jointly and severally liable to pay the remainder of the loan and interest or delay damages to the plaintiff.

3. Determination

A. In the absence of special circumstances, a partnership creditor is only entitled to claim reimbursement according to the ratio of shares to each partner or equally. However, in the event the partnership debt is particularly borne by an act of commercial activity for all partners, it is reasonable to determine jointly and severally liable for partners by applying Article 57(1) of the Commercial Act.

(See Supreme Court Decisions 94Da18638 delivered on August 11, 1995, 97Da6919 delivered on March 13, 1998, etc.). In a case where the Defendant and C were in a partnership relationship with respect to the instant business, and it is deemed that C borrowed money from the Plaintiff as a commercial activity for the instant business, and that C had an obligation to pay the remainder of the borrowed money, etc., jointly and severally with C pursuant to the aforementioned legal doctrine, the Defendant is liable to pay the remainder of the borrowed money, etc., to the Plaintiff. Thus, first, we examine whether the Defendant and C had a partnership relationship with respect to the instant business.

B. The Defendant and C entered into the instant trust agreement with the purport that the Defendant entrusted the land (trust land) owned by it to C, constructed a building (A Dong), sold the land and buildings in lots, and distribute trust proceeds, such as sales proceeds, etc.