1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who operates a construction equipment leasing business under the trade name of “C,” and the Defendant is a company that runs a civil engineering work, a reinforced concrete construction business, etc.

B. On July 24, 2017, the Defendant, along with D Co., Ltd. (hereinafter “D”), was selected as the contractor of the “E Corporation” ordered by the Busan Regional Land Management Agency (hereinafter “E Corporation”), and performed the instant construction solely after D’s abandonment of the instant construction work.

C. As a subcontractor for the instant construction site, the Plaintiff leased the instant equipment to around February 2017 to May 2017, and paid KRW 40,062,880 from around February 2017, and paid KRW 15,769,310 among them (i.e., KRW 11,107,250 on April 11, 2017), and the Plaintiff paid KRW 4,62,06,785 on August 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. A joint supply and demand company with the nature of a partnership under the Civil Act to determine the cause of a claim shall have the nature of a partnership, and a partnership's obligation as a partner's obligation may, barring any special circumstances, be exercised either in proportion to the share of each partner or in equal terms. However, if a partnership's obligation is borne by an act which is a commercial activity for all the partners, it shall be reasonable to authorize the partnership to jointly

(see, e.g., Supreme Court Decision 2012Da25432, Mar. 26, 2015). According to the foregoing facts, the Defendant and D jointly and severally assume the instant liability arising from the lease of equipment which is a commercial activity for all the members of a joint venture which is a partnership under the Civil Act.

Therefore, the defendant is the 12,146,785 won (i.e., 40,062,880 won - 27,916,095 won) which is the amount payable to the plaintiff for the equipment rental and the payment date of the above equipment rental fees.