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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On July 22, 2013, the Defendant completed business registration with the trade name of “C” as a joint business proprietor with Nonparty B, and supplied food materials, etc. from the Plaintiff, a supply company of food materials, etc. on August 14, 2013. On November 30, 2013, the Defendant withdrawn from the partnership business agreement with B. On December 5, 2013, the said “C” was changed to B and Nonparty D.
B. From August 14, 2013, the Plaintiff commenced to supply food materials, etc. to “C”, until November 30, 2013, the Plaintiff supplied food materials, etc. equivalent to KRW 30,891,99 to “C”, and the Defendant remitted KRW 22,274,395 to the Plaintiff as the payment for food materials from August 31, 2013 to December 2, 2013.
C. Meanwhile, around August 2013, the Plaintiff supplied food materials worth KRW 4 million in the name of the sales cost support to “C” without compensation.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. In a case where two or more persons agree to make a mutual contribution into a joint business and operate a joint business, a partnership relationship occurs among them. In a case where a partnership debt is borne by an act which has been engaged in commercial activities for all members, partners are jointly and severally liable pursuant to Article 57(1) of the Commercial Act. A partnership member is still liable for the partnership debt already incurred prior to withdrawal from the partnership relationship even if he/she withdraws from the partnership relationship, and the Defendant completed business registration with B as a joint business proprietor from July 22, 2013 to November 30, 2013 as a joint business proprietor and completed business registration with B, and was in a partnership relationship with B.
As such, the Defendant is a partnership’s obligation arising during the period from August 14, 2013 when the Plaintiff started to supply food materials, etc. to “C” to November 30, 2013 when the Defendant withdraws from the partnership agreement with B.