1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Determination as to the cause of claim

A. In full view of the fact finding that Gap 2, 3, 6 evidence, and Eul evidence Nos. 4 (including serial numbers), the defendant was awarded a contract for "E Corporation" ordered by Eul to a joint supply and demand company in the method of joint performance with Eul Co., Ltd. (hereinafter referred to as "C"), and Eul, the ordering person, who agreed to pay the price for the construction work, entered into a contract for the supply of ready-mixed as necessary for the construction work with the G Co., Ltd., and the above union allocated a certain amount of ready-mixeds to ready-mixed companies such as the plaintiff et al., which is part of the quantity other than the above supply contract.

After that, the Plaintiff requested the supply of ready-mixed, and accordingly, the Plaintiff supplied ready-mixeds equivalent to KRW 18,196,310 in total on July 9, 2018, and C paid KRW 9,360,560 in total to the Plaintiff.

B. A joint venture in the way of a joint venture is basically in the nature of a partnership under the Civil Act, and, in the event that the partnership's obligations are borne by acts which constitute commercial activities for all members, members shall be jointly and severally liable pursuant to Article 57 (1) of the Commercial Act. However, the case where a joint venture agrees to have each member, other than a joint venture, bear the obligation directly to the subcontractor according to their share ratio when a joint venture enters into a subcontract, such a joint venture may belong to each member of a joint venture in accordance with the contents of the subcontract, as the joint venture,

(See Supreme Court Decision 2011Da97898 Decided March 28, 2013). C.

Judgment

In light of the above legal principles, the plaintiff is requested to supply ready-mixed at the site site site of one joint supply and demand company.