1. The Defendants jointly and severally liable to the Plaintiff KRW 107,313,200 and Defendant A with respect thereto from August 12, 2016, and Defendant B.

The following facts of recognition of the judgment as to the cause of the claim may be recognized, either in dispute between the parties, or in full view of the contents of the evidence and the whole purport of the pleading as set forth in subparagraphs A and 3:

The Defendants, who intend to operate a non-residential building rental business, real estate sales business, was the owner of a building in the same trade name as “Cbuilding,” and constructed a commercial building for neighborhood living facilities of the size of the first and seventh stories underground (hereinafter “Cbuilding”) on the D ground in the front city, Yan-gu, Seoul. For this purpose, E Co., Ltd. (hereinafter “E”) made a contract for the construction cost of the said building (hereinafter “instant construction”) at KRW 3.2 billion.

On August 1, 2015, the Plaintiff entered into a contract between E and E to supply ready-mixeds at the construction site of the instant case (Evidence 1; hereinafter “instant contract”); Defendant B, as the owner of the instant contract, entered the “joint guarantor” column of the instant contract into the “joint guarantor” column of the name of the address Jeonju-si, address Jeonsan-si, mutual building, and name A and one other.

The Plaintiff supplied ready-mixed at the construction site of this case from August 11, 2015 to July 15, 2016 under the instant contract, and was not paid KRW 107,313,200 among them.

Judgment

According to the above facts, Defendant B appears to have prepared the contract of this case for joint and several sureties’s joint and several sureties’s obligation to the Plaintiff in the name of the partnership in order to conduct a new construction project of a building operated by the Defendants. Thus, the joint and several sureties’s obligation under the above contract is the partnership’s obligation. If the partnership’s obligation is borne by all members as a result of a commercial activity for all the union members, the joint and several sureties’s obligation should be determined jointly and severally by applying Article 57(1) of the Commercial Act to the union members (see, e.g., Supreme Court Decision 94Da18638, Aug. 11, 195). Thus, barring any special circumstance, the Defendants